Legal Question in Business Law in California
Copy of Business Books
I have a former partner who is a CPA. We had a partnership that has been disolved and assets distributed. We have been unable to get a copy of the books from this former partner.
Do I have any legal recourse to get a full copy of the books from our partnership?
1 Answer from Attorneys
Re: Copy of Business Books
Corporations Code section 16403 gives partners and former partners broad access rights to partnership records and books of account. Further back in the Corporations Code (yep, that's where the Revised Uniform Partnership Act of 1994 is codified), at sections 16601 et seq., more or less, are the provisions for winding up and dissolving partnerships. These later sections don't seem to say anything about final reports upon winding up, but I'd say (without doing research into court decisions) that 16403's provisions are broad enough to require the former partner with all the records to give inspection and copying rights to the other partners. Therefore, if all else fails, sue him or her under 16403. This should produce a pre-trial out of court settlement; if it doesn't the ex-partner probably has something to conceal.
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