Legal Question in Business Law in California
are "if" statements such as "in case this is not legal" or "in the event that the law does not allow for" acceptable in a legal document? for example, if I state in a letter "I wish to dissolve this partnership/company, in the event that this is not permitted, I hereby withdraw", if it is determined that the dissolution is not permitted, does this letter serve as proof of withdrawal?
1 Answer from Attorneys
The letter proves only what you wanted and when. Whether it is effective and to what extent will depend not just upon what it says but also upon the type of business structure you have and what the bylaws, partnerships agreement, etc. say about withdrawal or dissolution.
Your question suggests that the business was not set up carefully. That will probably make getting out of it messy. An informal letter is unlikely to be enough. You and the other principals should have had a lawyer help you establish the business; had you done so, getting out of it would probably be a lot more straightforward. You and the other principals may end up spending far more on lawyers now than you would have when the business was created.
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