This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Fraud With Business Partner In Queens
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State:
Multi-State
County:
Queens
Control #:
US-000289
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FAQ
In these cases, you could sue for breach of fiduciary duty and seek damages for the harm caused by your partner's actions. If successful in court, you may be entitled to various remedies, including: Granting access to the business or financial records. Forcing a buy-out of your share in the partnership.
Mendelovitz v. Cohen, a recent decision by the Kings County Commercial Division, reaffirmed this principle. Only those contracts that have absolutely no possibility of full performance within one year (such as a partnership for a definite term of two years) are subject to the application of statute of frauds.
Partnership fraud occurs when a partner knowingly engages in deception to obtain some sort of personal or financial gain to the detriment of the partnership.
If your business partner committed fraud, you may be entitled to take legal action and recover losses sustained as a result of the partner's actions. The first action that should be taken is to give notice that you are aware of what looks like fraud.
In a general partnership all the partners are personally liable for the partnership debts. In a limited partnership, limited partners are not liable for the partnership's debts beyond the funds they contribute to the partnership.
Assess the Situation: - Gather evidence of the dishonesty. Document specific instances where you believe your partner has lied or misrepresented information. Communicate Directly: - Schedule a private meeting to discuss your concerns. Listen: - Give your partner a chance to explain their side. Evaluate the
There are lots of ways. The most obvious to me would be: Sell your interest. Buy their interest. Legally restructure the business into two autonomous divisions. a board of directors with direct oversight.
5 steps to dissolve a partnership Review your partnership agreement. Prepare and approach your partner to discuss the current business situation. Prepare dissolution papers. Close all joint accounts and resolve finances. Communicate the change to clients, customers, and suppliers.
The short answer is you cannot just unilaterally remove your co-member. You either have to come to terms on a membership transfer agreement where the co-member agrees to transfer his/her interest to you. Or you as co-member can seek to disassociate the other co-member with an application to the Court.