Legal Question in Business Law in Massachusetts
fraud
an officer in a small closely held corporation conducted hidden off the books transactions with a non paying custmer. is there liability on their part for losses that the company will incur?
3 Answers from Attorneys
Re: fraud
Potentially, yes; it would be worth consulting with an attorney to ascertain your rights and remedies. Best wishes,
LDWG
Re: fraud
You have not really provided enough of the facts. However, generally speaking, it would be a fraud against the corporation or an assumption of a corporate opportunity and the law governing those areas of the law would apply
Re: fraud
Officers and directors in a company have a "duty of loyalty" to the company. This means that they must act in the best interest of the company, which benefits all stockholders. If an officer gives away assets, or does "under the table" deals, they are violating this duty. They are subject to be sued by the shareholders.
You should make sure you have your facts straight before taking any action. The amount of money would need to be significant, for example buying them lunch would probably not qualify as an "off the books" transaction.
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