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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36588
Experience:  16 years real estate, Realtor. Landlord 26 years
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Remove some one from a Company because she is doing illegal

Customer Question

Remove some one from a Company because she is doing illegal transactions.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you give me some more details about the back story here and what is going on?

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Are you stating someone is actually breaking the law here or they are just going unethical, but not actually illegal things?

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Is this a private company?

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thanks

Barrister

Customer: replied 1 year ago.
I have this real state company, it is called Coral Paradise inc.
Here is the web where you can see the info about it.
(http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CORALPARADISE%20M234630&aggregateId=domp-m23463-2f4a1c93-474c-4af1-a04e-5a67098c4d69&searchTerm=Coral%20paradise%20inc&listNameOrder=CORALPARADISE%20M234630 )As you can se the Title President is under my name, the person who is doing illegal things is one of the VPS Ana Sahagun Cardenas, she took some money from the company account whit out authorisation. Also she is going unethical and we want to remove her from the company. But when we called the sunbiz people told us that yes www can do that, but then she can put her back on the company because she is got all the information, so they advice to contact an attorney and ask about this matter.
Expert:  Barrister replied 1 year ago.

Ok, if she is an employee of the company, then you are president would have the power to fire her, and then send the updated information to the Sec of State removing her as an officer. If she went back to try and add herself as an officer, you could sue her for fraud since she would be fired.

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If she has stolen money from the company, then you can go after her criminally as well as civilly for embezzlement. You can contact the local District Attorney about filing a criminal charge against her as well as contacting a local civil attorney to sue her for the return of the money if it was company money.

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If you fire her and tell her that if she tries anything else, you will file criminal charges for theft, fraud and embezzlement, that should scare her from doing anything else for fear of being prosecuted.

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thanks

Barrister

Customer: replied 1 year ago.
OK, can you please tel me the steps to follow for fire her, removing her as an officer and send the information to the sec of state? And how to contact the local District Attorney.
Also I forgot to let you know that we are not citizens from united states, we do have the company in florida but do not live in the USA, I don't know if this is important not or if changes any thing. We only got the tourist visa.
Expert:  Barrister replied 1 year ago.

Are you actually located in FL right now?

Customer: replied 1 year ago.
No, I am in Mexico at the moment.
Expert:  Barrister replied 1 year ago.

Ok, that presents a problem because you would need to contact the DA personally to file a criminal complaint or hire a local attorney to represent you in doing so on your behalf.

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The same thing applies for suing her... You will need a local attorney to represent you in suing her in court.

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As for firing her, you can do so personally, by phone, by letter, by text, etc. You just have to convey to the person that they are fired and they no longer are an employee of the company. I would suggest that whichever way you choose, follow up with a written letter stating that they are being fired and you are going to pursue legal action regarding the missing money so they are less likely to cause a big problem.

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As for removing her as an officer, you need to file an Articles of Amendment with the Sec of State. You can see detailed instructions from the Sec of State here:

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Articles of Amendment Instructions

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thanks

Barrister

Customer: replied 1 year ago.
Can you recommend me a local attorney in Cape Coral Florida or Lee county?
Or is there any way that you can represent me?
Expert:  Barrister replied 1 year ago.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

You would be looking for a general civil litigation attorney.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

Customer: replied 1 year ago.
ok, one more thing what if as a vp she smiles an article of amendment before I fire her and put her self as director?
What would you recommend me to do for this not to happened. This because I am not being able to go to USe in the next 3 months.
Customer: replied 1 year ago.
Expert:  Barrister replied 1 year ago.

what if as a vp she smiles an article of amendment before I fire her and put her self as director?

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Unless she has the legal authority to do that through your corporate documents, it wouldn't mean anything legally and would be voidable. If she acted under that title and did things that she legally shouldn't, then you can sue her civilly for any money she costs the company.

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If this is a corporation, only the Board of Directors or President can give someone a new title. Otherwise people would just self promote themselves all the time.

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But you need to get a local attorney to monitor things so they can make you aware of anything that she might do once she is fired.

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If it were me, I definitely wouldn't wait 3 months to fire her. I would do so immediately even if I had to contact a local attorney to draw up a termination letter and pay a sheriff or constable to serve it on her and escort her out of the business.

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Barrister