He has left the business for me to run and keeps draining the bank account for the business
There are many ways to deal with a partner like yours, but the options are very fact specific. You need to talk to an attorney so that he can learn all of the facts and help advise you. Feel free to contact me or other business attorneys who comment on your case for a free consultation.
John Burt - email@example.com - 800-513-6826. Before you contact me read: Information I provide in this forum, and during a free consultation is not legal advice. The information provided is only general information that may or may not apply to you and may or may not be based on current law. I am NOT YOUR attorney until retained by you in writing.
You cannot "force him out" but there are ways of keeping him from "draining the bank account", like opening a new bank account. Further, you will need to speak with your CPA about making the correct adjustments for unauthorized and/or unequal draws your co-owner has taken. As my colleague points out, this is very fact specific and the sooner you consult an attorney, the sooner you can restructure matters. You do not disclose the anture of the business (e.g. corporation, LLC, partnership,) or the existance (and contents) of any oral or written agreement(s) between you.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Estate Planning Attorney
The other attorneys are correct. I would say that your options depend on the nature of your business relationship, i.e., corporation, partnership, limited liability company, the terms of the agreement that governs the business, and the terms of any agreement between you and your partner.
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