Partnership agreement (VOF)

What happens if I do not have a partnership agreement and my partner decides to leave?

If your partner decides to leave a VOF (partnership) in the Netherlands and you do not have a partnership agreement in place, there are several steps you can take:

1. Try to negotiate an agreement with your partner: If you are on good terms with your partner, you can try to negotiate an agreement that outlines the terms of the split. You can discuss how the assets and liabilities will be divided, how the business will be wound up, and how any outstanding debts or obligations will be handled.
2. Seek legal advice: If you are unable to negotiate an agreement with your partner, you should seek legal advice from a lawyer who specializes in partnership law in the Netherlands. They can help you understand your rights and obligations, and they can advise you on how to proceed.
3. Follow Dutch law: In the absence of a partnership agreement, Dutch law will apply. According to Dutch law, each partner is entitled to an equal share of the partnership assets and profits, unless the partners have agreed otherwise. The partners are also jointly and severally liable for any debts and obligations of the partnership.
4. Consider mediation: If you and your partner are having difficulty reaching an agreement, you may want to consider mediation. A mediator can help you and your partner work through your differences and reach a mutually acceptable agreement.

It’s important to take action as soon as possible if your partner decides to leave the partnership. The longer you wait, the more complicated and difficult it may become to resolve the situation.