Legal Question in Business Law in California
Business Law
My business partner removed equipment from the facility and is holding it as collateral until certain demands are met. Is this Illegal? How can I get it back?
3 Answers from Attorneys
Re: Business Law
If not by negotiation, then by a lawsuit. If that ends up being the case, feel free to contact me for the legal help you'll need.
Re: Business Law
Dissolution of partnership. Act quickly else you may be liable for waste of partnership assets. Contact me directly.
Re: Business Law
You bet it's illegal! Partnership property belongs to the partnership, and no single partner has any right to possess or use it for his own purposes. Further, partners owe a fiduciary duty to the other partners and to the partnership to conduct themselves in a loyal, ethical and cooperative manner in all things related to the partnership and its affairs. However, your final question is off base. You should not be asking "How can I get it back?" The question is "How does the partnership get it back?" The answer may be the same, but there may be an issue as to where each of you is coming from. Partnerships survive and prosper based on trust, mutual support and teamwork. Even more than in a family, these attributes are necessary to prevent dysfunction and ultimately disaster. You need an in-depth and complete shaking up of the way you relate to each other, and of your understanding of partnership law and partner responsibilities.
Further, "holding as collateral" can't be an accurate description. Holding for ransom sounds more like it. Collateral is held to secure a financial obligation.
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