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Roger
Roger, Attorney
Category: Business Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a co-pioneer of a business that is a formal corporation

Customer Question

I am a co-pioneer of a business that is a formal corporation here in Kansas. My business partner has illegally removed me from the Coporate Board. I was Secretary/Treasurer for 17 years. I got very ill and when I got well, I went to our corporation bank to check up on the mortgage on our building. I was told I could not have access to that information because I was no longer on the corporation paper work. What is my best course of legal action for this matter?
Monica (XXX) XXX-XXXX
Submitted: 1 year ago.
Category: Business Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for the question, and I'm sorry to hear for your troubles.

You're going to have to sue the corporation for an accounting of all corporate books so you can find out what exactly happened, how he had you removed and whether he falsified documents, etc. The corporate books would provide information on anything that has transpired with the corporation.

Once you determine what exactly happened, you can sue for fraud, breach of contract, violations of the corporate agreement, unjust enrichment, and possibly other claims based on what you find out.

In order to get this done, you really need to consult a local business litigation attorney in your area. He/she can help you gather the information you need and also pursue a claim against your partner based on the actions that you uncover.

I hope this answers your questions, but if you have others, please REPLY and I'll be glad to respond. Thanks.
Customer: replied 1 year ago.

Excellent advice. I have already done the research. He has falsified corporate documents by electronically sending in changes to the State of Kansas website. This is a non-profit corporation (church). Is there a statuate of limitations on this type of case?

Expert:  Roger replied 1 year ago.
No problem. Glad to help. In Kansas, the statute of limitations is 2 years from the date the fraud is discovered. See Kansas Stat. §60-513 (a)(3): http://kansasstatutes.lesterama.org/Chapter_60/Article_5/60-513.html
Roger, Attorney
Category: Business Law
Satisfied Customers: 26617
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 2 other Business Law Specialists are ready to help you
Expert:  Roger replied 1 year ago.
Hi - Please let me know if you have any additional questions related to this issue. Thanks,Kirk
Customer: replied 1 year ago.

Would you still advise me the same path if you know that it is non-profit?

Expert:  Roger replied 1 year ago.
Yes, the process would be the same regardless of the company's status.

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