Legal Question in Business Law in Ohio
if a partnership has agreed to disolve but has not filed can one business partner tell current clients before it is disolved in an attempt to gain that client relationship and business?
2 Answers from Attorneys
Yes, unless your partnership agreement states otherwise in the section about winding-up the partnership.
The other attorney starts on point here, but I disagree that the answer is yes. You need to have an attorney review the dissolution provisions of the agreement. It is unlikely to discuss this issue. During this review, another factor that needs to be considered is whether the activity mentioned constitutes a taking of an asset of the partnership (customer list) and using it to gain business constitutes unfair competition or violates the partner's fiduciary duties to the partnership. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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