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The question

Is the second partner allowed to demand the return of the money paid for the company name upon dissolution of the partnership, and is this money considered like a penalty clause, and can the new partner demand the money he paid, or is he to be content with taking assets equal to half of the company's capital, based on the prior agreement?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The new partner, by virtue of his 50% share, owns half of the company's total assets, including its trade name, especially if the name has a monetary value.

It is not permissible to stipulate that the new partner is not entitled to his share in the trade name upon dissolution of the partnership. Rather, the trade name is to be valued and sold like any other company asset.

It is not necessary to pay the partner in kind from the assets; rather, they are sold or valued upon dissolution, and each partner is given his share of the capital and profit.

Losses are borne by all partners, each according to his share in the capital.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
169510
Imported
Translation status
Source text, unreviewed
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