Legal Question in Business Law in Rhode Island

Partnership

I am partners with my brother in a business I put up 30,000 dollars towards the company as a buy-in and I also did our entire website (3000 part #'s and pictures). I have never received a dime from this company, yes we have a contract but he has the original with the signatures I only have a copy of the agreement with no signatures. He now wants me out of the business because the business is now starting to make good money,he is stating that I am contibuting nothing to the business. I took the 30k loan against my home now I dont think he will pay this loan that we both agreed to pay. he has changed the password to our bank account and also changed the password for my website. can I sue him for breaking the contract or sue him for something? thank you in advance for and information you can provide me with


Asked on 8/06/04, 1:49 am

1 Answer from Attorneys

Jules D'Alessandro D'Alessandro & Wright

Re: Partnership

It seems over and over the worst business breakups that I encounter in my practice are family member partnerships and corporations. The reason is that all of the necessary formalities that exist when the partners or shareholders are not related just don't exist because of a "supposed" element of trust. Once the formalities generally required to run a business are gone then it is much more difficult to get out cleanly so to speak. Fortunately, there are several provisions under RI partnership law, which can help you in this situation. Unfortunately wading through partnership law and potentially litigation is not something that should be attempted without a lawyer. An analysis of the business must be conducted to determine what the assets are and any potential mishandling of assets or company income, then the attack, usually a threatened dissolution of the partnership must be carefully timed and orchestrated. I have handled many cases such as yours and I would be happy to meet with you to discuss this issue. Remember time is of the essence, if there is already trouble the other partner may already be taking steps to push you out and prevent you from getting your fair share.

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Answered on 8/06/04, 7:39 am


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