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TheLawLDN
TheLawLDN, Lawyer
Category: Law
Satisfied Customers: 367
Experience:  Expert
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I have a USA business owning 60 percent with an ex colleague

Customer Question

Hello, I have a USA business owning 60 percent with an ex colleague that I have know for a very long time. The relationship has broken down. Two of my customers based in USA for my UK business incorrectly paid the USA business. My partner has kept this money and is refusing to return it unless I sign over the business to him in its entirety including the original investment. He has continued to blackmail me reducing the amout of monies that is going to be returned. Can I contact USA law enforcement regarding the blackmail
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Not spoken to a lawyer yet, I live in UK. The business affected is in USA cALIFORNIA
JA: What steps have you taken so far?
Customer: None legally, relationship has broken down This is my first step
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No thats it
Submitted: 6 days ago.
Category: Law
Expert:  TheLawLDN replied 6 days ago.

Hello, I'm an adviser with JA and I will try to help you.

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Expert:  TheLawLDN replied 6 days ago.

Hello, what is the legal form of this business? Is this an LLC?

Customer: replied 6 days ago.
its an LLC
Expert:  TheLawLDN replied 6 days ago.

So it's a legal entity which is separate and distinct from both of you.

And, even assuming that a payment was made to this corporation in error, the money should be repaid by the corporation.

Can you clarify if you own 60% of the share capital, or does that include your ex friend?

Expert:  TheLawLDN replied 6 days ago.

Hello?

Expert:  TheLawLDN replied 5 days ago.

Hello, can you please clarify if you own 60% of the share capital, or does that include your ex friend?

Customer: replied 5 days ago.
Hi I own 60% or the share capital, my friend owns the remaining 40.
Expert:  TheLawLDN replied 5 days ago.

And how comes your friend is in control despite being minority?

Customer: replied 5 days ago.
He has sole control of the banking and credit cards, I was due to fly out to set banking up with him but Covid prevented it and not got around to it since then.
Expert:  TheLawLDN replied 5 days ago.

I see.

Who is the director of this company?

Customer: replied 5 days ago.
Pete my partner I am not listed, I checked he set it up as DOMESTIC STOCK not LLC
Expert:  TheLawLDN replied 5 days ago.

That refers to the conduct of business it its own country.

You should still have control of the company.

Expert:  TheLawLDN replied 5 days ago.

I'm afraid that this is not a straightforward situation.

Were the services to these clients provided by the company?

Customer: replied 5 days ago.
No by my UK company, my customer made an error. I want to know if I am within my rights to contact the police regarding the blackmail element
Customer: replied 5 days ago.
I would like to know how i can close the business and get fy fair share of monies
Expert:  TheLawLDN replied 5 days ago.

If your customer paid in error to company X a service that was provided by company Y and was supposed to be provided by company Y, it should have been your customer in the first place to claim that the funds were transferred to company Y.

I don't have element to say whether there is or not a conduct that could be amount to blackmailing.

This needs the assessment from a solicitor, who will have to examine all the documents and the correspondence.

If you reported your business partner to the police, they would probably say this is a civil matter and you could get into trouble for wasting police time or even defamating your business partner.

My advice, as I said, is that you ask a solicitor to look into this.

You are a businessperson, with interests also in the US, so I'm sure you understand this is the right avenue to follow.

I hope this information is helpful and I wish you the best.

Please do not hesitate to contact JA again if you need help and you may ask to speak with me directly if you wish ("For TheLawLDN only").

I would appreciate it if you could provide a positive rating, if you wish so of course.

Thank you very much.

Regards.

Customer: replied 5 days ago.
thanks
Expert:  TheLawLDN replied 5 days ago.

You are welcome.