Re: Need Rep.asap- Corp. extortion by partner

A director need not be a shareholder unless the bylaws so require.

Ordinarily, directors cannot be removed prior to the end of their term. See Corporations Code section 303. Also, the actions he has taken without notice to you and without your approval are invalid and fraudulent.

Your husband is also violating Family Code provisions requiring spouses to conduct the business aspects of their marital relationship openly and in the highest good faith.

I would say your situation calls for a temporary restraining order - not the domestic violence kind, which is relatively easy to get, but the old-fashioned all-purpose provisional remedy kind used for pre-trial relief in civil actions generally.

If the corporation has sufficient funds to meet the payroll, let's hope this jerk is bright enough to pay the employees rather than put the business in jeopardy. If 10/31 is the payroll date, I think that's your best hope, since finding a lawyer, getting a judge to issue a TRO, then serving and carrying out the order in time would be near impossible.

I doubt that I could assist you effectively, since I'm about 300 miles away. Some legal matters can be handled by "remote control," but your issues will require in-person visits to the court house, etc. that can't be handled from afar in an acceptable time-frame.

Re: Need Rep.asap- Corp. extortion by partner

bryan is so thourough and love to read his answers -- what he is trying to tell you is you need to hire a expert famiy law attorney who is also expert in corp./business so your no goodnick husband cannot do an further damage to you and the kids now, yesterday and tomorrow -- all is not dark out, eventhough daylight savings time is now over -- get good local counsel and give him/her all the facts, answer the questions which seem never ending as acturally as possible, have copies of the tax returns of the corp as well as personal for the last 3-5 years and take his/her advice and protect the kids future as well as you -- good luck

Re: Need Rep.asap- Corp. extortion by partner

We are in midst of another like matter. Immediate action needed, but the earlier you act, the better in order to protect the company, assets, etc. Call to discuss if you wish.