Was there any partnership agreement signed when they started the business together? If so, read it carefully before doing anything – you don’t want your mother liable for breaching the partnership agreement in any way.
As to actually effecting the change to the partnership details on the business name – see this information: http://www.asic.gov.au/asic/asic.nsf/byheadline/Updating+partner+details?openDocument
As you will see, it may prove necessary to transfer the business name to a new entity – be that another partnership or other form of structure. The business name ‘system’ was changed in Australia in May this year, to a new national system – so, if the business was registered before 28th May it would have been done in your state or territory and will have migrated over to this new system. There are currently complaints of delays in a lot of actions about business names – including transferring.
I’m not really sure what you mean by saying your mother has the equipment so your ex cannot ‘run any way’. Is she entitled to keep the equipment? Is he likely to want to continue the business without her?
It sounds like, with the basic information you have provided that a partnership has ceased, and in which case the existing business may not be able to be modified to just your mum’s name, or for her to simply remove her name. There may be more to it than that.
I hope the above helps at least a little.
My mother owns the entire business, he did not give any funding for it, this is why she has the right to get her equipment. We really need to get some free legal advise on this matter, do u know of anyone in Adelaide?? thanks
