Legal Question in Business Law in California

corporation

I took a partner, a family friend, 3 years ago to handle the books, so I could do the work. He invested some money, not sure how much. We incorporated. He said the laptop with all the business info was stolen. Checks started bouncing. Recently, I learned he had not paid taxes for 3 years, not paid employees for 6 months, or a major supplier. My license is in jeopardy and I am left with all the bills.


Asked on 8/15/08, 6:33 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: corporation

I know its unkind to heap criticism on someone when he's down, but I do hope that you now realize that in a two-person business "do the work" includes verifying that the bills are paid, the checking balance is more or less correct, and above all, that employees are not, for gosh sakes, six months behind in getting paid! Among everything else, I'm concerned that you aren't sure how much money this co-owner invested. I'm afraid you have been neglecting some very basic routines of running a corporation. Do you have board meetings? Annual shareholder meetings? elect directors? Keep minutes? You say the friend was supposed to "handle the books." Have you ever looked at them?

You didn't really say whether this "friend" has disappeared or not. Disappearance would call for an immediate call to the police to ask for an investigation of probable embezzlement. If he's still around, you or someone who knows how to ask the tough questions should hold his feet to the fire.

Six months without pay? That's hard to believe. I don't know any workers who would go six weeks beyond payday without calling the labor commissioner. Are you sure you've got this right?

Read more
Answered on 8/15/08, 10:17 pm


Related Questions & Answers

More Business Law questions and answers in California