I have a neighbor who has a business partner who is stealing...

Kaieye

Platinum Member
Oct 9, 1999
2,275
0
0
I was told that the other business partner was caught embezzling funds or company goods from a small business company that they equally share. I told him to confront
his partner to confirm the wrong doing. I told him that the trust is gone and I would get out of the business relationship even though that means closing the business. Once a cheat- always a cheat. I did ask what was taken? A few thousand dollars of company goods and a $165 dollar meal bill at Chevy's. The business is just barely four years old and has turned a mild profit.

What you you recommend? I told my neighbor that I would dissolve the business.
 

Jeeebus

Diamond Member
Aug 29, 2006
9,180
897
126
depends on how the business is set up. LLC, Inc., LLP, no formal entity, full partnership, etc.

There are ways to dissolve/force out a partner (if that's what he actually is), usually starting with a demand for accounting. Every state's laws differ and it ultimately depends on the entity type.
 

preslove

Lifer
Sep 10, 2003
16,755
63
91
UNDER NO CIRCUMSTANCES should he consult a lawyer. He should do whatever his neighbors come to agree on.
 

Kaieye

Platinum Member
Oct 9, 1999
2,275
0
0
I told my neighbor Jim, since you have a simple written partnership contract but no written property lease, double the rent right away. I knew he own the property where the business is located so that would send a powerful message. Jim told me that his partner is "underwater" with a poor credit history. I told Jim that he would be very unwise to continue this business and he might/will probably find ways to line his pockets. I keep telling him to get out...
 

highland145

Lifer
Oct 12, 2009
43,551
5,960
136
Jim needs to get a clue about what a "quality business partner" should be.
Poor credit history? Geez.
 

Miramonti

Lifer
Aug 26, 2000
28,651
100
91
$165 dinner meal...this is stealing? On his own, that is a lot and he obviously charged wine or got services by the staff under the table, but with someone discussing work is nothing.
 

infoiltrator

Senior member
Feb 9, 2011
704
0
0
Regular audits are a requirement for any business, finding a good auditor more difficult.
A business is not a personal account.
 

Jeeebus

Diamond Member
Aug 29, 2006
9,180
897
126
I told my neighbor Jim, since you have a simple written partnership contract but no written property lease, double the rent right away.

so you just advised your neighbor to breach his fiduciary duty to the other partner and thereby give the other partner a good claim to sue Jim upon? Excellent.
 

911paramedic

Diamond Member
Jan 7, 2002
9,450
1
76
I was told that the other business partner was caught embezzling funds or company goods from a small business company that they equally share. I told him to confront
his partner to confirm the wrong doing. I told him that the trust is gone and I would get out of the business relationship even though that means closing the business. Once a cheat- always a cheat. I did ask what was taken? A few thousand dollars of company goods and a $165 dollar meal bill at Chevy's. The business is just barely four years old and has turned a mild profit.

What you you recommend? I told my neighbor that I would dissolve the business.
Are you sure it's turned a profit, or did he say it turned a profit. :whiste:
 

Kaieye

Platinum Member
Oct 9, 1999
2,275
0
0
so you just advised your neighbor to breach his fiduciary duty to the other partner and thereby give the other partner a good claim to sue Jim upon? Excellent.


I don't see anything wrong. Jim's rent went up 100%,too.
 

Kaieye

Platinum Member
Oct 9, 1999
2,275
0
0
I recommend minding your own business.

I told Jim that I wanted no part of this but he keeps calling me. My wife told me to butt out,too. Your probably right and I will tell Jim that I am keeping out and to suggest talk to someone at the SBA or hire an attorney.
 
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