Dismissal From Partnership Based On Just Cause

Dismissal From Partnership Based On Just Cause

Dismissal from Partnership Based on Just Cause

In limited liability companies, another way to remove a partner from the partnership is to remove the partner based on just cause.
In other words, in the articles of association of a limited liability company, the conditions under which a limited liability company is dismissed from the partnership are defined.
Since it is not obligatory to specify that it will be a reason for dismissal, the limited liability company
Even if there is no provision in the articles of association of the company, limited liability companies
can always file a lawsuit with a request for dismissal from the partnership based on just cause. For just cause
Before the limited liability company applies to the court for dismissal from the partnership, the limited liability company
general assembly must adopt a general assembly resolution within this scope. The general assembly in question
decision is important for limited liability companies as it is among the inalienable powers of the general assembly.
decisions. Therefore, the quorum required for the adoption of the relevant general assembly resolution shall be
of at least two-thirds of the votes represented and of the entire share capital with voting rights
the majority of the reasons must coexist.
Article 245 of the TCC defines the limits of just cause. Accordingly, a shareholder’s
betrayed the partnership in the management of its affairs or in the preparation of its accounts, or
a shareholder has not fulfilled his duties and obligations, or a shareholder has used the trade name of the company for his personal interests
or misappropriation of property, a permanent illness or any other cause.
the loss of the ability and capacity to carry out the business of the acquired partner, limited to
are the main cases of just cause, which are not counted.

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