Legal Question in Business Law in New York
mismanaged partnership
i am a 20% owner in a general partnership which owns real estate. I want to retire from the partnership but the partners claim they dont have the money to pay me out. they are bound by the partnership agreement to give me 20% of the value of the building minus any incumbancies. what do i do?
3 Answers from Attorneys
Re: mismanaged partnership
It depends entirely on the provisions in your Agreement regarding transfer of ownership interests.
Don't take any action without first having an attorney look at the Agreement.
Re: mismanaged partnership
You have to follow the terms under the partnership agreement. That may mean formal notice and required steps to dissolve the partnership.
If that does not work, you would have the right of Judicial Dissolution under the Article 6 of the NY Partnership law.
If you want to discuss further feel free to telephone.
Mike.
Re: mismanaged partnership
You definitely have certain options however exactly which ones would be best for you to exercise would depend on the terms of your partnership or operating agreement. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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