The Book-keepers Forum (BKF)

Post Info TOPIC: Equal investment


Newbie

Status: Offline
Posts: 1
Date:
Equal investment
Permalink Closed


I invested jointly with someone else the same amount of capital The other person has since taken out all monies in company and is sueing me for remainder of his capital What are my rights ?

-- Edited by Tracie on Monday 10th of December 2012 10:26:13 AM

-- Edited by Tracie on Monday 10th of December 2012 10:26:51 AM

__________________


Forum Moderator & Expert

Status: Offline
Posts: 11981
Date:
Permalink Closed

Site members will not be privy to all the facts of the case.

The way that you explain it is that you both invested the same but on withdrawing their capital what remained in the company was less than half the initial investment.

I do not know their reason for withdrawal and it would be unfair of me to offer advice based on so little information.

In general terms though the other person had a right to their invested money the same as you did.

If there were no restrictions on the bank account then they were perfectly within their rights to withdraw money that belonged to them.

When it comes to suing you for the remainder that depends upon whether you did anything wrong.

They invested their money in the hope of achieving profit but such has not proven to be the case. If they lost on the gamble then they have no recourse on the other partner.

The unfair part here is that they got the jump on you in withdrawing all the remaining money rather than it being shared equally but to be honest to my mind there is little that can be done about that as they have withdrawn their capital, not stolen more than their share of profits which would be quite a different scenario.

I would advise you to seek council from the citizens advice about the matter and give them all of the relevant details.

If you have done nothing wrong then I do not believe that they would get very far with a legal claim against you but with the sometimes crazy legal system in this country I wouldn't guarantee it. The worst part here will be that even if innocent the legal fee's in defending yourself could be substantial which is why I would advise getting yourself off to citizens advice as soon as possible for some proper legal advice.

kind regards,

Shaun.

__________________

Shaun

Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.

Page 1 of 1  sorted by
 
Quick Reply

Please log in to post quick replies.

Tweet this page Post to Digg Post to Del.icio.us
Members Login
Username 
 
Password 
    Remember Me  
©2007-2024 The Book-keepers Forum (BKF). All Rights Reserved. The Book-keepers Forum (BKF) is a trading division of Bookcert Ltd. Registered in England Company Number 05782923. 2 Laurel House, 1 Station Rd, Worle, Weston-super-Mare, North Somerset, BS22 6AR, United Kingdom. The Book-keepers Forum and BKF are trademarks of Bookcert Ltd. This forum is a discussion forum only. There will usually be more than one opinion to any question and any posting should not be viewed as a definitive solution. No responsibility for loss occasioned to any person acting or refraining from action as a result of any posting on this site is accepted by the contributors or The Book-keepers Forum. In all cases, appropriate professional advice should be sought before making a decision. We reserve the right to remove any postings which are offensive, libellous, self-promoting or engaged in covert marketing. We will not notify users of removals. The views expressed in the forum posts are those of the individual and do not necessary reflect or agree with those of The Book-keepers Forum. Any offensive or unsuitable posts will be removed by the moderators. Any reader of this forum can request for a post to be looked into by sending an email to: bookcertltd@gmail.com.

Privacy & Cookie Policy  About