Two people set up a company. Both of them had a stake in the business to meet the setting-up cost including…
Two people set up a company. Both of them had a stake in the business to meet the setting-up cost including sarqoflī that had been paid for the property. One of the two partners left the business, taking with him his share of the capital. The other partner has continued running the business. The partner who opted out is claiming that he should be given a share of the transactions concluded by the existing partner. What is the ruling in the matter?
Answer
In itself, partaking in the ownership and sarqoflī of a commercial place is not sufficient for having a part in the [actual] trading and getting a share of the profits. The yardstick is to have a share in the running capital. Accordingly, if the continuation of one of the partners in running the business has occurred after they decided to divide the jointly owned capital in a proper way so much so that one of them took away his share, the latter should have no right in the transactions his [former] partner has concluded. However, should there be any transactions before the actual breaking up of the company, the partner has a right in the commercial activity of his partner in a measure equivalent to his stake of the capital.
Source:leader.ir · leader.ir
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