Legal Question in Business Law in Georgia

Can a judge force the sale of a business that is profitable just because one par

I own 50% of a car dealersip and my partner is the President and CFO. I found out he has been stealing money and have filed a law suit. His side just went to the judge and asked to have the company sold due to the fact we could not get along. Can the judge force the sale of my company that is very profitable and has no debt just because my partner wants this problem to go away? Can a judge force you to sell your stock in a company?


Asked on 11/30/04, 2:11 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Can a judge force the sale of a business that is profitable just because one

Ordinarily, a judge cannot do that unless there is some extreme circumstance warranting such action. It is difficult to give you a reliable answer in this type of forum without having benefit of being able to review all the pleadings in the case. You should consult with a local attorney who can do that.

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Answered on 11/30/04, 2:16 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Can a judge force the sale of a business that is profitable just because one

Yes, if the corporation obtained its articles of incorporation through fraud or the corporation has continued to exceed or abuse the authority conferred upon it by law. It is known as judicial dissolution.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 11/30/04, 2:28 pm


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