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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10907
Experience:  30 years as a practising solicitor.
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Need advice regarding possible actions to remove former

Resolved Question:

Hi, need advice regarding possible actions to remove former business partner from business. Partnership commenced trading 3 years ago then 1 year ago we closed partnership and I've started trading as sole trader (based on verbal agreement my former business partner still owns half of business). Recently I've discovered that he (employed by me) is stealing small amounts of money and cheating on working hours (he's responsible for rota). On top of that - since we started business together he is having mental problems and every 2-3 months is out of business (without warning) for week or two. Very recently he ended up in mental hospital due to his problems. I have offered him several times to pay for his part of the business (even if it is mine on paper) but he still denying it. What legally can I do to remove him from business ?
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Hi - It's quite long "estimated" 8 mins ....
Expert:  JGM replied 1 year ago.
As I understand it your partner is now your employee and he has been working as your employee for less than two years. That being the case you can dismiss him as an employee. You can also insist that he takes a payment for his previous interest in the partnership. From your narrative it would appear to me to be as simple as that but I am happy to discuss further.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10907
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for reply. I've got few more questions;
1)could you advise if it is any rule regarding calculating amount to be paid to my former business partner (initial investment from each of us was Ł5000, investment took place 3 years ago)
2) I've noticed that only item still being issued for partnership is rent - does it matter if partnership doesn't exist almost 1 year ?
3)Can he decline accepting my offer and if he does what are consequences for me ? Our staff knows about our verbal agreement.
Expert:  JGM replied 1 year ago.
1. The sum normally used to calculate someone's interest in a partnership at the date of termination is CAPITAL ACCOUNT + SHARE OF PROFITS - DRAWINGS from the date of the immediately preceding set of accounts. 2. The landlord should be told that the partnership is now a sole trading concern. 3. He can decline the offer of payment but he can't insist that the partnership continues if you have terminated it.

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