What to do bout an absentee partner?

UPDATED: Oct 21, 2012

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What to do bout an absentee partner?

I own a landscaping company and it is an LLC. I am listed as the only owner. I hired a friend and decided to make him my partner. We wrote out on a piece of paper that we were partners and everything would be 50/50. Now he took on another full-time job, refuses to answer his phone and has not done any work for my company. When I do try to contact him he just hangs the phone up on me. He also told one of our clients he was no longer with me and asked if he could just work for her on the side without me. If I continue to run my business and make a profit can he come after me for his 50%? I do not know how to legally get rid of his “attachment” to my company. The only thing that binds up is a piece of handwritten paper.

Asked on October 21, 2012 under Business Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I suggest that you consult with a business attorney about your matter and the need to draw up a written document for the absentee partner to date, sign and return to you stating that he has no interest in your limited liability company or other venture that you may have had with him.

You also need to have a meeting of your limited liability company per its operating agreement to memorialize that this person has no interest in it. The key is to memorialize all in writing about this person doing nothing for the venture. Have the business attorney look at the paper you wrote. Perhaps it has no binding effect if nothing of value was given to you regarding the venture. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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