How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10099
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

I run a business with a partner that is going through a rough

Customer Question

i run a business with a partner that is going through a rough patch at the moment and is being treated for alcoholism, he moved his shares in the business across to his girlfriend when we first started as he was bankrupt and didn't want it effecting the new company, within the last 3 weeks he has started to drink again and is becoming a danger to the business and is demanding his shares be changed in to his name while his girlfriend has threatened to leave him as he has started drinking again, she also works for us and is a great member of staff. He deals with our IT system that he has already started messing around with locking employees out so they are unable to do there work, what can I do about him!!??
Submitted: 7 months ago.
Category: Law
Expert:  JGM replied 7 months ago.
Is he also a director of the company? Does he get a salary?
Customer: replied 7 months ago.
he is not a director on paper work, he draws a salary yes
Customer: replied 7 months ago.
directorship is in his girlfriends name
Expert:  JGM replied 7 months ago.
Then this would appear to be mainly an employment matter. He can't insist on getting a transfer of the shares and the directors to not have to agree to his demands. If he is damaging the company then you can dismiss him for gross misconduct. I appreciate that he has a personal relationship with the girlfriend but your question relate to the company. In the best interests of the company I think he has to be kept it of it unless and until he can recover from his illness. Happy to discuss. I hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 7 months ago.
What about the system we use that he has control over? He is getting to staff members through this and endangering our company and staff
Customer: replied 7 months ago.
is he able to change shares without my agreement?
Expert:  JGM replied 7 months ago.
I understood he had transferred his shares over to his girlfriend. Now he has no power to get them back unless she voluntarily transfers the shares back to him which I presume she won't do. Most company Articels state that the directors have to approve a share transfer.
Customer: replied 7 months ago.
So I would need to approve any share movement yes? My concerns are that he forces her to sign them over resulting in him gaining the shares back. I need to know this as I want to block any share movement at this period of time to stop this from happening
Expert:  JGM replied 7 months ago.
The directors can generally refuse to register a share transfer. You will have to look at the company's Articles of Association to check what the position is as regards ***** *****
Customer: replied 7 months ago.
Where would I find this?
Customer: replied 7 months ago.
?
Expert:  JGM replied 7 months ago.
Google Companies House Beta, put in the company name and look on the documents list. It should be there.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice