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A 50/50 partnership cannot act without unanimous consent of the partners. This is fundamental legal logic. Every section in the Corporations Code would lead to this conclusion. However, if your operating agreement or articles of partnership, etc., provide that one partner is the manager, then that provision would control, rather than unanimous consent.
That said, if you have a provable 50% share in the business that controls the office lease, and an equal right to the management and control of the partnership property, then you can hire a locksmith and break into the unit.
Hope this helps.
Please clarify. What is the exact nature of the legal entity that controls the lease (INC, LLC, LLP, LP, etc.)?
Okay. FYI, shareholders in a corporation are not partners. The legal differences between shareholders and partners are profound, and I don't want to go in one legal direction, when the other is called for.
That said, if each shareholder owns the same number of common shares in the corporation, and neither shareholder has been appointed President or Chief Executive Officer (which is the same thing), then neither shareholder can control the office lease to the exclusion of the other, and you could simply break into the office.
However, if the other shareholder were appointed CEO, and you were not appointed to a post that permitted you to exercise control over the lease (e.g., Chief Operations Officer, or the like), then by your having previously granted the other shareholder effective control over the management of the corporation, you would have lost your ability to do so, because as a 50% owner, you cannot force a board of director resolution to change the previously made officer appointments.
If the latter is your circumstances, then you will have to sue your coowner in court to dissolve the corporation, or offer to buy him/her out, or offer to sell your shares, etc.
If the former, then you can break the lock and tell your co-shareholder to suck eggs.
You need a lawyer. A director/officer of a corporation cannot simply plunder the corporation to his or her own advantage. The officer owes a fiduciary duty to the corporation and to its shareholders. What you are describing is a practical theft of corporate assets.
For a civil litigation attorney referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=CA and http://www.martindale.com/.
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