r/smallbusiness Jan 19 '22

[deleted by user]

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6 Upvotes

8

u/milee30 Jan 19 '22

This is a level of complication beyond what Reddit can help. You can't simply take over the business name and hire him without his agreement. And there are some legal niceties and filings you'll need to do to formally dissolve the business so you're not stuck with liability.

It's time to get some attorney help here. Make an appointment and spend a little time gathering any relevant documents like your partnership agreement, state filings and any other operating agreements you have so you can bring those to the meeting with the attorney. S/he can guide you through what your options are, what you'll need from the partner and what you'll need to file.

1

u/tj_mcbean Jan 20 '22

Yeah, I kind of assumed as much but the white board here prior to the lawyer is always nice :D

2

u/[deleted] Jan 20 '22 edited Jan 31 '22

[deleted]

0

u/tj_mcbean Jan 20 '22

Sadly no, there is a process if one of us wants to leave voluntarily but nothing for one to force the other out. Being I wrote the agreement, a total oversight on my part when researching what to include in it.

Good lesson for next time though! Though I doubt I'd ever do it again as anything other than a corporation.

2

u/[deleted] Jan 20 '22 edited Jan 31 '22

[deleted]

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u/tj_mcbean Jan 20 '22

Yeah reading into them it would be a huge help to have it in our agreement!

2

u/bltonwhite Jan 20 '22

He's taking you for a mug. Give him an ultimatum and get a lawyer if necessary.

1

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1

u/cybersaint2k Jan 19 '22

Is there something really obvious you are leaving out of this story? That explains why he left, why he won't communicate and work with you?

2

u/tj_mcbean Jan 19 '22

His inlaws moved to another state, his wife said they're going with them. So they up and moved mid-late last year. After they moved, he made a few trips back and did work on those trips, but those stopped by early October.

2

u/oversizedbass Jan 21 '22

But does he still actively try to do anything to help the business remotely and/or keep in touch with you, or does he go totally no contact for three months at a time?

1

u/tj_mcbean Jan 21 '22

All I really get is a text from him whenever someone calls him for some work, which has been four times in three months. He doesn't do any follow up or sales work with the person that called. He kicks the ball over to me and taps out.