A partner is a specific kind of legal status given to those who are
members of a partnership. Partners can assume obligations, incur
debt, make payments, share in profits, etc., all without the other
partners' permission, and the partnership is bound by that one
partner's actions. That's why actual partnerships are so rare, in
favor of corporations, limited liability companies, limited liability
partnerships, etc. So, is this person really a "partner" in an actual
legal partnership sense, as opposed to an officer, shareholder, joint
venturer, director, limited partner, member, etc.? This is
significant because if the person actually is a "partner" (and by that
I mean there is a signed or verbal partnership agreement spelling out
that the participants are actually partners), then either the
partnership agreement or state law (absent a written partnership
agreement) will govern how you provide notice. Generally, a vote of
all the other partners must be had and a sufficient number must vote
in favor of termination.
If the person is not an actual "partner," then your entity formation
documents will govern how you provide notice. For example, if you
have a corporation (which might be inferred because you use the phrase
"music production Co.--that is a lawful title for a
corporation--that's what ?Co." means) and this person is, e.g., an
officer, the board of directors is empowered to give her notice under
the bylaws and/or state law.
IF you are just using the word "partner" in a generic sense to mean
somebody who is working with you in this informal little music
production operation, perhaps under an employment or independent
contractor arrangement (you suggest that she does have a contract),
then the contract should specify what type of notice you give and how.
So assuming there is a contract as you say and assuming it has a
notice provision, you can just give her a letter that says, "You are
in breach of your contract dated __________ for the following reasons:
_________________. If you do not cure these breaches within 30 days
of your receipt of this notice, the contract will be terminated and
your services to the [music production co.] will be ended." Make sure
you give it to her in the manner contemplated by the contract--hand
delivery, certified mail, etc., so that she cannot say she never got
notice. |
