Newton, MA asked in Business Law and White Collar Crime for Massachusetts

Q: I own an s corporation it’s a construction company and me and my two brothers are equal owners and myself

and one brother came to find out our other brother was using funds for personal gain , taking extra checks forging checks he wrote in our names and so on, we called a special meeting gave him ample notice he did not appear we voted to remove him as an officer of the company and fire him as an employee , we voted my other brother to take his place as secretary of the company I maintained my position as proseident / treasurer of the company.All three of us are equal 1/3 owners of the company for the exception of me , I own a very very little I believe .5% more than my two other brothers , we run the business out of a lot in the back of our house and the office is located on the first floor where my apartment used to be and is knows as a “common area” but the brother that we fired locked us out of the office and our house we all equally own and took over the construction yard and still runs the business how do I get him to stop everything and return property w/ judge signature asap ???

1 Lawyer Answer
William J. Amann
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Answered

A: You very likely need to get into Court (by filing a Complaint) and maybe get an injunction to stabilize operations and provide a full accounting. Business/partnership disputes are governed by the business' documents and usually, state law or the Uniform Partnership Act; it depends on how the company is structured and operated.

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