Legal Question in Business Law in Idaho

termiating business partnership

I have recently discovered that my business partner has stolen money from our company. I have 51%,he has 49%. Based on embezzelment, how do I go about removing him from the company


Asked on 1/22/08, 4:00 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: termiating business partnership

First, file criminal charges. Then, if you want him out of a corporation or properly documented partnership, you have to take formal action in accordance with the corp bylaws or partnership docs. If this is an informal partnership, you just say 'begone vermin' and the partnership is over. Either way, the assets of the business will have to be valued and the person leaving paid for his interest. If there is a fight, they you'll have to hire appraisers, attorneys, etc. Feel free to contact me for the legal help you will need in this.

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Answered on 1/24/08, 8:17 pm

Re: termiating business partnership

You've got to find out what your damages are, i.e., how much taken. You need to consult with an attorney to determine what rights you have.

Is this "partnership" a corporation, LLC, general partnership? Is there a written agreement between you? What rights and/or obligations do you have under the agreement?

Lots of questions, few answers possible without a sit down conversation and review of your documents and evidence of embezzlement.

Caleb

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Answered on 1/22/08, 4:15 pm
Larry Rothman Larry Rothman & Associates

Re: termiating business partnership

Embezzelment is a crime and you should go to the police or district attorney.

If you want to proceed in a civil action, a dissolution of partnership and accounting action would be filed. Pleaes contact us if you have any more questions.

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Answered on 1/23/08, 7:40 am


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