What to do when one of four members of an LLC drains bank account and maxes out the company credit card>
Santa Ana, CA
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Posted 19 days ago in Limited Liability Company (LLC)
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There are four partners/members in this LLC. All members are equal owners. Today three of the members discovered that the company bank account was emptied by one of the members and his business credit card had been maxed out. We suspect that he has been taking company money for at least the past year, but it did not become evident until today. We have removed this member from all bank accounts/credit cards, changed the locks on the doors and removed his login from the computer, but we are unsure of how to proceed now. We want to freeze his personal assets and get him tp return the money, but need a little guidance. Thank you!
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Answers (2)Pamela Koslyn
This attorney is licensed in California.
Posted 19 days ago.
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The 3 members need to hire a business litlgator, who needs to send a demand letter to this member, or maybe just go directly to a lawsuit against this thief on the members' behalf and on the LLC's behalf, for breach of fiduciary duty, conversion, etc.
If your LLC has a written Operating Agreement, there should be a breach of that as well, as it no doubt prohibited any member from taking actions contrary to the best interests of the LLC. There may be dispute resolution procedures set out there, so you need to have a lawyer review it. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Kaiser Wahab
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