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NorthernR
6th June 2008, 20:23
Hello all - I'm a newbie and need some help.
I am at the advanced stage of the process of a shareholders' buyout, in that the current shareholders are buying my business partner out. He is a director and the company secretary. We are a limited company.
He is stalling and stalling and refusing the budge to complete. He accepted our offer weeks ago and keeps throwing up new things to delay the completion. His presence at the company is detrimental and I can't just get on with it while he remains in situ. Everyone wants him gone but he won't take gardening leave.
Can I sack him? With the other shareholders' agreement?
Hope you can help!
Thank you
N

Knife_fork_spoon
6th June 2008, 21:59
I really do feel sorry to you, my advice get a solicitor!

We had the same problem, but re a partner in the partnership! Very very detrimental!

Hope you get it sorted, and keep us posted, k x

NorthernR
6th June 2008, 22:09
Thanks for your reply, and thanks for sharing my pain!
I already have a very good solicitor, but he feels that the firing would be a long, complicated process - he mentioned something about 21 or 26 days, and an appeal to the shareholders...? I guess that he still thinks that we may complete on Monday, but I don't :(
Help!

Knife_fork_spoon
6th June 2008, 22:13
Funny that! My solicitor also thinks something poignant will happen on Monday! Costing us a fortune, and it's a cd and cocktail shaker thats being argued over. Looooooong story!!

It's hard to get to grips with, especially if they're causing the business more harm than good! Eating into profit, and driving away customers.... gr gr gr!!

Lime One
7th June 2008, 09:34
Does you solicitor specialise in commercial law or employment law? There are ways of terminating a director but as with much employment law its process driven. You need to discuss this with him and hopefully Monday will see some sense prevail and you can all breathe a sigh of relief.