
10-30-2008, 05:24 AM
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Senior Member
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Join Date: Aug 2008
Posts: 651
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I think I missed an option in how you can approach this problem. Contact your state attorney general and ask if they have securities investigations when a company is unilaterally taken out of a partner's control.
First of all, your partner cannot simply take the company assets that you created 70% of without compensating you in some way. You did not enlighten us as to what had been done other than locking you out of your ability to change the website. Do you or did you receive a salary? Is there a dividend structure? You can ask for a copy of the company documents just to show your partner that you mean business. Take them with you to a law school pro bono office or just read them yourself. You can use the web to look up terms you don't understand. Attempt to negotiate a settlement with your partner. Don't sign anything without it going through a set of legal eyes first.
What I CAN tell you is that at the end of the year, you are due an accounting on the profits and losses, and a payment of dividend for your share... equivalent to roughly half the profit. Since you are NOT in control, you cannot set the profit. But you CAN complain to the securities offices of your state where you are incorporated if you are not getting a fair share compared to your partner.
Perhaps what she did was state the deal wrongly, but the fact is also that she cannot dissolve the partnership unless it states so in the charter. Moreover, if she dissolves the partnership, you get half the assets/value in the company. She also cannot dissolve it against your interest without your OK to the deal. You can file suit to the maximum amount your state allows in small claims court, OR you can get a pro bono lawyer, OR you can get advice from a lawyer who deals in business law pertaining to companies like yours. Or you can file suit EVERY year for your profit.
Since you did it once, I'd bet you could do it again. Design and write your own website. Be her competition. It is a software investment... and maybe some larger hardware depending on what operating system and web updating software you choose.
Last edited by boykinmama : 10-30-2008 at 05:27 AM.
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