Q: Can a senior stockholder refer to a contracted consultant as president of the co. in contracts without their knowledge?
Senior stockholder has kept company afloat, and now wants to liquidate some assets. Today he referred to me as president of the company to a prospective buyer, when I have not agreed to serve or been asked to serve in that capacity. I am under contract as a Consultant.
A:
Sure, a senior partner "can" make such a statement. But that doesn't necessarily mean that doing so is justified or is without consequences.
However, a few of the really important questions are (1) why the senior shareholder would make the statement, (2) how the statement might affect the contractor, and (3) what the contractor could or should do. The answer to the third question would depend in part on the answers to the first and second questions.
A consultation with an attorney could help the contractor get to the bottom of things. The attorney would likely want to review the consulting agreement and would probably have quite a few questions about both the company and the contractor's relationship with the company.
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