Notice of Withdrawal from a Partnership

The Notice of Withdrawal from a Partnership should be used by a partner who wishes to depart from a partnership voluntarily. The document can also be used by the remaining partners in a partnership who wish to evict or force a partner out of the partnership against his/her will (in other words, involuntarily) due to a breach of the partnership agreement or some other reason that warrants such a measure (for example, death of the partner).

This notice of withdrawal can be beneficial to a partner who wishes to protect themselves from any potential future liabilities relating to the partnership. The remaining partners can also use it to protect themselves from any potential future liabilities created by the withdrawing partner.

This document should only be used if the partnership will continue to exist even after the withdrawing partner leaves the partnership. However, if the partnership will be dissolved and cease operation following the withdrawing partner's departure, a Deed of Dissolution of Partnership should be used instead. This document should be only used where there will be at least two partners remaining after the Withdrawing Partner leaves the partnership. Additionally, where there is no partnership agreement that governs the partnership relationship, the withdrawal of a partner would invariably result in the dissolution of that partnership, and any continuation by the remaining partners will be counted as a wholly new partnership being created. In such an event, a Deed of Dissolution of Partnership should be used where the withdrawal of the partner will result in the automated dissolution of that partnership relationship.

This document can be used for withdrawal from a general partnership or a limited liability partnership.

This document is only for use where the partnership is set up within the jurisdictions of either England and Wales or Scotland.

How to use this document

The Partnership Agreement that governs the operation of the partnership will generally include information about the way a partner should withdraw from the partnership. If there is a written partnership agreement, it will be useful to have a copy available to use for reference purposes while this document is being completed to ensure that the withdrawal is in line with the guidelines contained therein.

This document makes room for all the necessary information needed for either a voluntary or involuntary withdrawal of a partner. These include, but are not limited to:

• The name and address of the withdrawing partner.
• Information about the partnership including its name, the date of formation and the purpose for which it was created.
• Indication as to whether the withdrawal is voluntary or involuntary.
• Where the withdrawal is involuntary, a reason for the withdrawal such as death, incapacity, personal bankruptcy etc.

If the withdrawal is voluntary, the withdrawal partner should complete this notice and then send copies of the completed notice by recorded post to all the remaining partners at their last known addresses. Conversely, if this document is being used to notify a partner of their involuntary withdrawal, the remaining partners should complete the document, sign it respectively and then send a copy of the notice by recorded post to the partner who is being withdrawn from the partnership.

Applicable law

Partnership Act 1890

Limited Liability Partnership Act 2000

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.