Can partners unilaterally terminate their business?

Legal analysis: whether a partner can unilaterally terminate the business depends on whether there is an agreement in the partnership agreement, which can be handled according to the partnership agreement, but the partnership agreement is invalid only if it is written and signed. If there are provisions in the partnership agreement that partners can unilaterally terminate their business, then this behavior is ok. On the contrary, they need to bear the losses caused by the termination of business and other corresponding responsibilities.

Legal basis:

Article 26 of the Partnership Enterprise Law of People's Republic of China (PRC): Partners enjoy equal rights in partnership affairs.

According to the partnership agreement or the decision of all partners, one or several partners may be entrusted to perform partnership affairs on behalf of the partnership enterprise.

If a legal person or other organization acts as a partner to carry out partnership affairs, it shall be carried out by its designated representative. Article 30 of the Law of People's Republic of China (PRC) on Partnership Enterprises: When a partner makes a resolution on matters related to the partnership enterprise, it shall be handled in accordance with the voting method agreed in the partnership agreement. If the partnership agreement is not stipulated or clearly stipulated, the voting method of one person, one vote and more than half of all partners shall be implemented.

Where there are other provisions on the voting method of partnership enterprises in this Law, those provisions shall prevail. Article 18 of the Partnership Enterprise Law of People's Republic of China (PRC): The partnership agreement shall specify the following items:

(a) the name of the partnership and the location of the main business premises;

(2) the purpose and business scope of the partnership;

(3) the name and domicile of the partner;

(4) The mode, amount and duration of capital contribution of the partners;

(five) the way of profit distribution and loss sharing;

(six) the implementation of partnership affairs;

(7) Joining and quitting the partnership;

(8) dispute settlement methods;

(9) dissolution and liquidation of the partnership enterprise.

(10) Liability for breach of contract.

Article 19 of the Partnership Enterprise Law of People's Republic of China (PRC): The partnership agreement shall come into effect after being signed and sealed by all partners. Partners shall enjoy rights and perform obligations in accordance with the partnership agreement.

Modifying or supplementing the partnership agreement shall be unanimously agreed by all partners; However, unless otherwise agreed in the partnership agreement.

Matters not stipulated or clearly stipulated in the partnership agreement shall be decided by the partners through consultation; If negotiation fails, it shall be handled in accordance with the provisions of this Law and other relevant laws and administrative regulations.