Legal Question in Business Law in California

My business partner and I own 50% of a California LLC. He is spending money from the businesses bank account frivilously. We have only started and not that much money is invested, but he has overdrawn the account. My question is what would be the best way to resolve this issue?


Asked on 11/22/10, 5:52 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Sever the partnership and don't ever enter into one again.

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Answered on 11/27/10, 5:57 pm
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney I entirely agree with the other attorney answer. This situation will only get worse if you allow it to continue. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/27/10, 6:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It's not a partnership - it's a limited liability company, governed by very different laws. Nevertheless, I agree that continuing in a business relationship with an associate who does not fly on the same beam in the early days is probably (99% likely?) to have rougher seas ahead. Based on 30 years experience as an entrepreneur before deciding to practice business law, I recommend looking at how to pull the plug on the working-together arragement lawfully and expediently, and salvaging as much of the business opportunity you were intending to pursue together for yourself as lawfully possible, keeping in mind that you probably had a fiduciary relationship with the other LLC member.

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Answered on 11/27/10, 9:03 pm
Terry A. Nelson Nelson & Lawless

Terminate the agreement and business and start over without him. Demand reimbursement from his share for any 'embezzlement' or misappropriation of company assets.

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Answered on 11/29/10, 11:48 am


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