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Company Query - Clients and resigning director

  • 01-04-2013 7:24pm
    #1
    Registered Users Posts: 3


    Hi,

    Briefly, went into business with another person. I own 50% of the company, he owns 50% of the company.

    There is no share holders agreement in place.

    My partner is not pulling his weight and is reluctant to be bought out.

    Without being ego - I am the business. If I left tomorrow, the company would not turn profit.

    I originally migrated several clients from previous business - he migrated none.

    Anyway, what are peoples thoughts?

    For example:

    1. Resign as a director, keep the shares and start billing the clients from a different company that I've created?
    2. Resign as a director, forfeit my shares and start billing the clients for a different company that I've created?
    3. Get a job?
    4. Others?
    I would guess that 95% of the clients would have no issue being billed from a new company - I would be honest about the situation.



    I appreciate the time and effort involved in reading this message and do look forward to your replies.

    Please note the above are hypothetical scenarios.


    Regards,
    QQ


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The charter says you cannot come here and seek legal advice.

    The area of law and remedies you seek are both technical.

    You need to seek the assistance of a solicitor and in person.

    This could be discussed as a hypothetical scenario, but you can't rely on the replies.


  • Registered Users Posts: 3 qqquery


    Tom Young wrote: »
    The charter says you cannot come here and seek legal advice.

    The area of law and remedies you seek are both technical.

    You need to seek the assistance of a solicitor and in person.

    This could be discussed as a hypothetical scenario, but you can't rely on the replies.

    Tom,

    Sorry about that. I have since edited the post but will remove it if it does not comply.

    Thanks


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    qqquery wrote: »
    Tom,

    Sorry about that. I have since edited the post but will remove it if it does not comply.

    Thanks

    No worries.

    The shareholder may take action against you if you're not careful and properly advised.

    Your company contracts, belong to the company, not to you - remember that.

    You can't just side step the fact of contract.

    In terms of dealing with your issues, take advice.


  • Registered Users Posts: 3 qqquery


    Tom Young wrote: »
    No worries.

    The shareholder may take action against you if you're not careful and properly advised.

    Your company contracts, belong to the company, not to you - remember that.

    You can't just side step the fact of contract.

    In terms of dealing with your issues, take advice.

    Thanks

    About 60% of clients do not have contracts.

    I will pursue legal advice on the matter.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Remember that courses of dealing/doing business is enough.


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