Wednesday, May 8, 2013

What rights do I have if I own 20% of a business? -

My business partner has said he could sack me if he wanted as he owned 80% of the business, is this right?

Depends what sort of business, and what your role is.If it is a Ltd company, the an 80% share would be enough to give your friend complete control of the business. He could remove you as a director (or appoint other directore to out-vote you) and remove you as an employee (if you are one). But you would still own the 20% and he cannot force you to sell that. So you would be entitled to your share of the profits, assuming a dividend is paid.If the business is a partnership then the only way to sack you would be for your partner to bring the business to an end. He would have no choice but to pay you for your share of its current value.In both cases the exact position could be affected by the written rules (Articles for a Ltd Co or Partnership Agreement) of your particular business.

Assuming he owns 80% and you 20% he can sack you as long as he conformed to the lunatic/long drawn out Government employment regulations - but he has to buy out your share! Problem is what is the value of the company? If you having hard times the Company could actually be worthless/minimal value! However he can do what he likes otherwise as he has the majority shareholding.

He can t sack you, he would have to buy you out.

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