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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a shop together with my business partner. We became

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I have a shop together with my business partner. We became extremely estranged over the last year and she walked out of the business saying she did not want to contribute any longer to the business..... I have been running the shop on my own since October in order to pay the lease. She has done nothing since October, and has done harassing things like take the website down and the facebook page down. In February we sent her dissolution papers. She still has not signed them four months later. She continues to not contribute to the business and also not sign the dissolution papers but continues to harass me via text and email. What do I do next to get her to sign the dissolution ? I want to continue on after the lease has expired next May, on my own. Am I liable for anything if she has not signed or agreed to dissolve ? Can I take a court order out to dissolve next and how much would that be ? Surely taking the website down is damaging the business so the judge would agree for us to dissolve ?
Hello my name is ***** ***** I will help you with this.
For now please let me know whether it was a partnership or Ltd company?
Customer: replied 2 years ago.

It is a partnership .

Customer: replied 2 years ago.

Any ideas on what to do ?

I agree it's damaging, either party can terminate the business. If you want to continue it, you need to get a fair evaluation of the business assets and liabilities. If there is a surplus then she is Entitled to half. Therefore if she does this then you can demand the Facebook page, website access details etc,
If she does not then you can go to court and ask the court to order she delivers up these items. But you should be sure to get a fair valuation of the business assets less liabilities. Clearly if there is no surplus but a deficit she is liable for half, but you may wish to waive that taking the business over.
If you don't wish to carry on in business then you would sell everything and split the profits less liabilities.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

So if we follow what you suggested, ( we do have a list of what to do reagrding winding down provided by another solicitor ) and we value it all and give her half, and then she still has not signed any paperwork, has she then been legally terminated from being a partner ? What we don't want to do is sell everything and wrap it up and start again, and if she does not sign this paperwork we have sent her, for her to then come back and threaten to sue me...... she is very threatening and harassing, so I want to draw a line under it all so she will not bother me again, but is this possible to do legally without her signing anything ? Will we legally be dissolved without her signing anything ? I don't want her to have any recourse to come back and threaten me later on when I have re started..... Is there no need really for her permission to dissolve then as long as I want to dissolve ???? What would the reasons for going to court to dissolve be then ? Like in what instances do other people have to go to court to dissolve ?

Yes it's ideal for her to sign, but if she refuses then it can still be effectively valued and you buy it,
She can't hold you to ransom and then expect to hold everything. You can dissolve and if she refuses to give you stuff back go to court for that,
But you need to give a fair value for the assets
Does that help?
Customer: replied 2 years ago.

Ok then so the next step would be to value it all and give her half ... so as long as I give her half, I dont have to actually sell all the stuff, I just need to value it and give her the half amount if we then stay on after the lease has expired, ( landlord said we are welcome to do so ) ( and I intend to keep working till it is paid off) Under a new name and on my own, we are not breaking any kind of legal law ? As she told me she does not think I am allowed to do that and she will try to go after me about that.... if legally I am not breaking the law by starting again under a new name after the lease has expired, , I have no problem just doing that...... I dont really care about the facebook and website, I will just build a new one under the new name....

I just want to make sure I am not breaking any laws by doing that ! ?

Yes you can keep the name and pay her off, keep the lease if necessary,
Does that help?
Customer: replied 2 years ago.

ok, that helps, thank you ....

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