Legal Question in Business Law in Florida

Corporation's illegal actions

I am an owner of a corporation with a partner. We filed under S-corporation. I found out through a relative of mine that The corporation don't have legal directores for we have failed to have annual meetings (no minutes either). Partner On 04/23/03 took me off the corporation with no authorization. On April 20 of this year he added his wife and they took me of the bank account. My relative says that they broke the articles of corporation, s-corporation and the florida statutes. Is this true? and can someone help me?


Asked on 3/17/04, 1:22 pm

2 Answers from Attorneys

Craig Dorne Craig M. Dorne, PA

Re: Corporation's illegal actions

NOTE: This communication is NOT intended as and should NOT be interpreted as legal advice. Rather, it is ONLY provided FOR a general discussion of legal principles. The facts you provided DO NOT provide ALL of the details necessary to FULLY and PROPERLY respond to the question you have posed. You should NOT rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the Response below, you AGREE: (i) that the opinion expressed is NOT intended to be legal advice and DOES NOT constitute legal advice to you or any person reviewing such information; and (ii) DOES NOT, create any attorney-client relationship and WILL NOT be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Without more information we cannot answer your question. Some actions can be taken without a meeting. One issue to look at is the percentages of ownership. You will also have to look at the articles of incorporation and bylaws for the company. You need to meet with an attorney in your area and bring all of your records.

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Answered on 3/18/04, 10:30 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Corporation's illegal actions

You may have a viable legal basis to pursue claims against your "partner", but you need to consult with an attorney and provide all documents relating to your interests in the corporation to determine what rights and causes of action you may have and what course of action would be financially prudent. Good luck.

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Answered on 3/17/04, 1:24 pm


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