Discussion – Law
Mary is a partner in the Flatirons partnership. The partnership agreement provides that no partner may withdraw from the partnership for 10 years. Mary attempts to withdraw from the partnership before the 10-year period is up. What will happen if Mary is successful in her attempt to withdraw before the 10-year period is up? Will she incur any liabilities?
Sample Answer
Whether or not Mary will incur any liabilities if she is successful in her attempt to withdraw from the Flatirons partnership before the 10-year period is up will depend on a number of factors, including the specific terms of the partnership agreement and the laws of the state in which the partnership is located.
In general, however, partners owe a fiduciary duty to each other, which means that they have a duty to act in the best interests of the partnership and to avoid harming the other partners. If Mary withdraws from the partnership before the 10-year period is up, she may be breaching her fiduciary duty to the other partners. This could lead to the other partners suing Mary for damages.