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Part 1 · General partnership  ›  Title 4 · Dissolution of the partnership and withdrawal of partners › Section 131

Section 131

(1) The general partnership is dissolved:

1.  by expiry of the period for which it was entered into;

2.  by resolution of the partners;

3.  by the opening of insolvency proceedings concerning the assets of the partnership;

4.  by judicial decision.

(2) A general partnership in which none of the general partners is a natural person furthermore is dissolved:

1.  upon final and binding effect of the decision by which the opening of insolvency proceedings is refused because of insufficiency of assets;

2.  by deletion from the Commercial Register due to lack of assets pursuant to section 394 of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction.

This does not apply if one of the general partners is another general partnership or partly limited partnership in which a general partner is a natural person.

(3) In the absence of any agreement to the contrary, the following reasons will lead to withdrawal of a partner:

1.  death of the partner,

2.  opening of insolvency proceedings concerning the assets of the partner,

3.  notice of termination given by the partner,

4.  notice of termination given by the partner's personal creditor,

5.  occurrence of other events provided for in the partnership agreement,

6.  resolution of the partners.

The partner withdraws upon occurrence of the relevant event, but in the case of notice of termination not before expiry of the period of notice.

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