Legal Question in Business Law in Texas
If a business was started as a 50/50 partnership and one of the business partners decides to open a bank account in the business name without the other party or their consent; would that be considered fraud?
1 Answer from Attorneys
It's not possible to determine whether there is any intent to defraud from here. The business needs to have its own bank account of course. Should I assume then that there was already a business account open and the partner then went ahead to open another one? Or there was none and the business partner just opened one? If you are 50/50 the partner would not need your permission to open the account but you should be on the account of course with him.
As to how you approach this will really depend. Was the partner not going to tell you about it? If not, then how was he planning to get away with that exactly?
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Frank
Natoli-Legal, LLC
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