Thank you for your follow-up, Anh.What you are describing is ultimately going to potentially take litigation. You would need to properly evaluate the cost of the business, and figure out the actual value. This may require you to retain accountants, likely business accountants who can estimate the value of the business by calculating assets, debts, accounts receivable, and value of future benefits, projects, or good will. Then you would need to retain a corporate counsel to file suit in court for a formal request to 'partition' the business between the parties OR issue a right to sell the business so as to split the value of the sale between the parties in proportion to their interest. The written agreement you have can be the basis for the suit, if the other party is refusing to split losses, and permit you to separately file for breach of contract or for breach of fiduciary duty against the other owner in this instance.Neither of you can force the other to sell. But you can pursue this partition, and then potentially 'buy' the company if it is ordered by the coruts to be sold. That may be an option to sell, or have the company be sold in this instance.Good luck!
Thank you for your follow-up, Anh.Let me try to address each issue in order. You mentioned 'trouble'. What's going on?As for the agreement, you also mentioned in the past that it was not in writing, correct?I am personally barred from assisting you based on state law and site rules. If you wish to retain counsel, you can do so by browsing the listings at www.avvo.com and www.martindale.com. You would need an attorney because a business is legally considered to be a separate entity, and one that has to have formal legal representation that is separate and one that the owners cannot provide unless they themselves are formally permitted to practice law in that state.Hope that helps.
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