I own 100% shares of my company. My husband is the President, I am the CFO. We are, currently, separated. I was handling the bank account until he decided to TAKE OVER. Can I sue him?
Country relating to Question: United States
State (if USA): Georgia
Hello and thank you for the question. I am sorry to read of this dilemma. You can sue to get a court order to restrain and enjoin him. You may also wait and have it resolved during the divorce proceedings. He may not unilaterally claim an interest where you hold all of the shares.
I have a few more questions. When I say, "He took over." He opened a business account only in his and his brother's name. Isn't the bank associate at fault? I signed a paper giving him rights to make a decision for the company in the case if I was out of town. But, I did not sign a Power of Attorney. And, how do I go about finding the top divorce lawyer in my county??? I have asked around. And, of course, the most mentioned lawyer is already our business attorney. And he is also a friend to my husband. Since I thought it wouldn't hurt to ask if he would represent me, I did. To make it short...he said, "No!" And, he would not answer any questions about the corporation. Told me to seek another lawyer.
You should indeed have an independent lawyer not associated with him. That new account and any income or assets that rightly belong to the business may not be diverted through new accounts or otherwise. You may find a top divorce lawyer and litigator on this issue using martindale.com which is considered a premier directory. Findlaw.com is also quite good.
Licensed attorney helping individuals and businesses
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