Legal Question in Business Law in Illinois

If you co-own an incorporated business, what are the rules about letting your partners know you plan on starting another business which competes in the same industry?

I'm in another state, but this question is regarding someone else's business in Illinois.


Asked on 2/06/11, 12:31 pm

1 Answer from Attorneys

In Illinois that's called "usurpation of corporate opportunity" and potentially could be enjoined. The agreements that control these issues (shareholder agreements, partnership agreements, LLC operating agreements, etc.) may allow a certain level of competition, but someone would have to review the applicable documentation to see if there's any such wiggle room.

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Answered on 2/07/11, 1:10 pm


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