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Question

my ex partner leased a copier and fax when he was president of the corporation, Our partnership dissolved. I am now president of the corporation. The lease was not signed by me . Am I liable?

Submitted: 19 days ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: New Jersey

Already Tried:
a attorney but he wasn't sure

Posted by T-USA 19 days ago.

Answer

Thank you for your question.

What follows may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the the content of an answer is restrained by the truth.

Unfortunately, if he leased it in his corporate capacity as the president of the company, the company remains obligated under the lease. Obligations of corporate officers survive the termination or retirement of the corporate officer. The law is designed this way to ensure that contracts actually retain their meaning. If a contract dissolved each time a responsible employee was terminated or retired, contracts would be unreliable and would cease to have value.

However, if he leased it as a private person, it is not the company's obligation.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

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19 days ago.

Reply

the attorney did say that the former partner did not provide a personal guarantee

Accepted Answer

Because you are unsure of whether or not the property was leased by the company or the individual, you would be prudent to have an attorney review the lease contract.

If the property was leased by the company, the company would still be obligated under the lease.

If the property was leased by the individual for his own use, the company would not be liable and the individual would be obligated under the lease.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

_____________________________________

Please click the green
Accept Button for each and every answer and leave Positive Feedback so that I receive credit for answering your question. Bonuses are greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/services. Correspondence through JustAnswer may be visible to the public. If you need legal advice/services you should seek, in person, a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.

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Expert: T-USA
Pos. Feedback: 98.8 %
Accepts: 
Answered: 11/4/2009

Attorney

Licensed FL Attorney

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