My ex lives with his fiance and they each have corporations, but it’s the same business. She is the President of the “Consulting” company and he is the President of his company which is a contracting company where he is the contractor. The fiance’s company, which is really their company, pays him as an independent contractor, non employee compensation. Now, all she has to do is pay him minimum wage so he can claim as little as possible on his tax return and therefore, cheat me on child support. And since they live together and all income to “her” company is used for the “household” and to live on, he can make all the money but only be compensated for a small portion by her consulting company. My question is, how do I expose this understated income when I go to modify child support? He did this the last time he modified and I got very little. For instance, they brought in at least 200k, but his tax return only showed about 25k. Which is interesting when his total on the monthly expense form he filled out was $4,500. And what about when they get married? How does it work when the new spouse is the employer of the person who owes support so can manipulate the numbers?

I own a small S corporation. A few years ago I offered a co worker half of my company as part of a partnership agreement. No contracts were signed, we had a few email exchanges about the terms. I finally wrote him an email offer with the terms he wanted. He never replied to that. However, we moved forward as if we were both partners. I split the company profit evenly between the two of us and reported to the IRS that we were both 50/50 owners. Shortly after we started working together one of or projects went bad and we were at risk of getting sued. I offered to formalize our agreement by signing over the shares of stock that would represent his half of the ownership. He declined my offer. Things have improved, we are not getting sued and we are profitable. However, they are not great. My question is, who owns my company?

My Georgia corporation, which has been dissolved, broke a Georgia commercial lease. Are my other corporations I am an organizer of subject to any judgment liens? Or, are only my personal assets subject?

I signed a partnership contract and invested money in it. The other side didn’t do anything but spend all the money without any receipts. I am so angry and like to know if I can send him to jail for this not just contract breach law sue?
Thanks.

My question involves criminal law for the state of: WA

HELP!

Can a company President be fired for taking company funds? Can the taking of those funds “cash her out” so to speak, for company shares?

We have a C Corp, 50% equally shared. The two shareholders held the positions of President/Treasurer (let’s call her Shareholder A) and Vice President/Secretary (let’s call him Shareholder B). Neither took an active role in the company. Instead, a contracted employee ran the day to day affairs for the past five years, and that employee was a main signer on the bank account, and that employee also signed all checks, paid all bills, etc., managed day to day affairs, and received pay. Let’s call him Mr. C.

Shareholder B has since disappeared from the scene. He was not active in the company, and, since the last annual report, he moved, and no one can reach him. His phone has changed, email reports back as dead address, etc.

Shareholder A, about a month ago, was added to the company bank account as a signer. A few weeks later, she began withdrawing amounts of money as
counter withdrawals. Mr. C caught on when seeing the series of withdrawals, and could not reach Shareholder A. The total amount to date is nearly $3,500. She did not answer any of his calls. He tried texting to her, asking what she was doing and asking her to stop, since, as a small company, her taking of funds was meaning that payroll for staff and paying of bills could not be met.

There was never an agreement or even request by her to receive pay.

It could not be reported as fraud because she is a signer on the account. To protect what was left of the money, Mr. C took out the rest of the funds and put them in another account. However, the company has a Reserve Line and Shareholder A is now drawing from that, still making counter withdrawals.

The only contact Shareholder A has made, by text, to Mr. C, is that “you will hear from my lawyer.”

Shareholder B can not be reached to fire Shareholder A, and we don’t even know if that is possible, since it is a 50/50 split of shares.

Questions:

1. Can anyone step into Shareholder B’s position as Vice President, let’s say Mr. C, for example, who has been running day to day operations for the past five years, since Shareholder B can not be found?

2. Can Shareholder A be fired as President for what she is doing? Is this not considered misuse of company funds??

3. If no one can step in to Shareholder B’s position, what do we do?? How can action be taken to stop this woman from bankrupting the company?

4. In the meantime, other people have invested, but shares were never re-organized, so there are actually more shareholders, based on funds invested for the purpose of being shareholders. Can those shareholders act as a group to fire this lady?

5. In terms of Shareholder A’s stock ownership — she invested $5,000 originally — considering she already took $3500, can we issue her a check for $1500 and consider her to be bought out?

Please help. I think she has a drug problem or something, but we will lose our entire business if this keeps up, because we’re a small shop.

Trying to dissolve and re-organize is not what we want, partly because we have state certifications that we can not easily re-apply for, without risk of being out of business for a prolonged period of time, plus we finally have been in business long enough to qualify for financing and credit, and we don’t want to start over.

We just want this lady gone. We’re pretty sure we can fire her, and remove her as a signer on the bank account, and then close that account and open a new one, to stop the theft of funds, but in the absence of Shareholder B, we’re not sure, since he and her are the ones listed on the original documents. Plus, we want her gone as a shareholder, and we’re not sure how to accomplish that, unless, as suggested, we can consider the money she took as buy out money and pay her the rest and call it paid.

Please help. Sorry this was long-winded.

What is a Charging Statement? I was told it should go along with the Operating Agreement when you set up an LLC? Please provide the statement or where I can look one up. thank you

I started working for a LLC in 2007 under a signed agreement for $50,000 yearly salary + 2% commission. In 2008, the majority owner was trying to buy out the 49% investors. I was asked if I would like to have a 2% investment in the company. I agreed. A few months later I find out that I now receive guaranteed payments, not wages, where I am responsible for self employment taxes. I have had to take no pay as well when things were slow. Recently, I have not received any “guaranteed payments” for 12 weeks. I am hurting financially and wondering if I have any protection to recoup money that is owed to me. I have the signed offer letter from 2007 when I started working stating my salary. Did this change once I obtained a 2% investment in the company? I think I am being taken advantage of and the majority owner is saying that owners get paid last and sometimes won’t get paid at all. Is he right in saying this and not paying me? I’m in dire need of assistance.

I have a online business that provides Corporate Certificates of Good Standing – www.onlinecorporatedocs.com Many clients ask me advise them on which state is the easiest to incorporate & get certified – Should I be recommending a state or would this be considered giving legal advise?

Looking for information on how one or if one can take themselves off an LLC, Corp. in NJ without canceling the LLC completely?

Can a board member of a non-profit organization resign by e-mail or must the resignation be received in writing and submitted to the secretary. We are incorporated in the State of Delaware.