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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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i have working with my business partner for 2.5 years in a

Customer Question

i have working with my business partner for 2.5 years in a non -profit making organisation, i had to take time away from the business to care for my terminally ill grandson, on my return, the company has been changed to a private limited company, with only her as director and company secretary, all bank accounts have been changed into her name and i am not allowed to sign cheques, to pay staff etc...share certificate for the company is in her name only with all shares belonging to her... what can i do.???
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset, one legal entity, such as the private limited company which your business partner has created cannot unilaterally appropriate (steal) to itself assets belonging to another legal entity such as the non-profit which previously existed. Accordingly, whatever was the form of the non-profit in which you were participating can now sue this newly created private limited company for theft and appropriate of its business. In your Question, you do not state what is the legal form in which the non-profit existed. Was it a partnership in which you were both partners? Or was it an association in which you both were members? However, in each case you would have an entitlement to a one half share of the assets of the non-profit and to have its contracts, including the employee contracts honoured. What has occurred here is simply theft by another guise. So I would advise you to speak to a solicitor who can formally write legal letters to your business partner and ultimately, if necessary sue, to enforce your rights against her and her private limited company by which this fraud has been perpetrated.

Buachaill :

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