What to do bout an absentee partner?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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. 


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