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partner is continuing to use my business name falsely

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bisto

Member
What is the name of your state? california

I recently dissolved a business partnership and refiled a new partnership with my wife using the same business name. I spoke to my expartner and explained that I no longer wanted him to be in this partnership. He refused to accept this and withdrew all the money from the business account.
I went to the county clerk and explained that my partner refused to cooperate so I dissolved the partnership and then filed another ficitious name with my wife as the new partner. I then went to get a new business license to find out that my ex partner had one issued in the company name with him as owner, the very same day. I went back to county clerk and checked the system there to make sure we had filed first for the new business. We had, so we went back to the business license office and they issued us another business license with the same company name as the one the issued earlier in the morning.
My expartner did not check the state system before filing a ficticious name so should not have been issued a business license. Also he is continuing to try and check my mailbox and is still insisting that he dumped me from the partnership, not the other way round. He continues to use the company name to try to do business. I told him if he wanted to take the business he would have to buy me out for what I already have invested. Then quite a heated debate pursued and I left to try and find out what legally happens now. Who legally owns the business? How can 2 business licenses be issued with the same company name? What can I do to stop him taking my mail and using my company name?
Any help would be great
 


JETX

Senior Member
"He continues to use the company name to try to do business. I told him if he wanted to take the business he would have to buy me out for what I already have invested."
*** Interesting that you said that.... did you buy HIM out of the partnership??

"Then quite a heated debate pursued and I left to try and find out what legally happens now. Who legally owns the business?"
*** Unless you 'dissolved' the partnership in accordance with your state laws (unlikely) you are STILL a legal partnership. What EXACTLY have you done to terminate the partnership (other than simply saying so)??

"How can 2 business licenses be issued with the same company name?"
*** Pretty easily it appears, since you say it happened.

"What can I do to stop him taking my mail and using my company name?"
*** Depends on your answers to the above.

And where is YOUR attorney in all of this. Partnerships are not 'playthings' to be used and tossed aside as there are considerable legal issues involved in creating, and dissolving, them.
For example: http://www.bowlesverna.com/articles/capartnershiplaw1.html
 

bisto

Member
I went to the county clerk office and file an abondment of partnership agreement after I asked him to sign a resignation letter from the business. This is what the state requests I do to legally dissolve the business plus file an abondment of partnership notice in a local paper which I have done.

I did not have a chance to buy him out as he took all money from the business bank account, which nearly covered his initial investment, so you can say I did buy him out. I tried to organise a meeting with him so I could give him the rest of his money but he refuses to answer my calls.
 

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