Legal Question in Business Law in California

I have a business partner that feels the full business belongs to her. We went into this business as 50% / 50% partners. At some point she stopped paying me my monthly share. States that there is no money in the account. the business generates the same amount for the past 7 quarters. I believe she is , stealing the cash receipts, and not adding those funds into the business account. What Can I do ? is there anyway to check her personal bank accounts ? Please Help ,


Asked on 8/26/16, 6:46 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Exactly how far you'll want to go in investigating and prosecuting may depend upon the size of the partnership business, and therefore how much money is in question. You might want to start out getting the text of the California Uniform Partnership Act of 1994, which is codified as Sections 16100 to 16917 of the Corporations Code, and look in particular at Sections 16403 and 16404 which deal with a partner's right to inspect the partnership's books and records, and the duty of partners to act honestly and openly with each other and with the partnership (fiduciary duties). If your partner is a hard-core scammer, you may need to hire an attorney. Be sure to find one that has significant experience in partnership disputes. Or, maybe if the partnership is small and/or unprofitable, you might be better off just withdrawing and walking away, but before doing so it would be wise to check its liabilities.

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Answered on 8/27/16, 9:56 am


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