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If I own a construction company and on the qualifying

If I own a...

If I own a construction company and on the qualifying general contractor roofing contractor and my operations officer has committed fraud against customers in my absence what could I be responsible for?

Lawyer's Assistant: The Fraud Examiner will know what to do. Please tell me everything you can so the Fraud Examiner can help you best.

I was on hiatus overseas working abroad in other businesses and we own a business in construction and roofing and our operations officer was in control of business operations for the last year it seems now money is running out where we've taken a lot of customers deposits to complete work but running capital is pretty much empty

Lawyer's Assistant: Is there anything else the Fraud Examiner should be aware of?

Is operations officers also in a partnership contract with us and which he expanded the business into other cities within the state which were under his complete control

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Answered in 1 day by:
3/10/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,381
Experience: B.A.; M.B.A.; J.D.
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Customer

If I own a construction company and on the qualifying general contractor roofing contractor and my operations officer has committed fraud against customers in my absence what could I be responsible for?

Response: Unfortunately, you would be responsible for all things done by the operations officer ("manger") in your company's name. So, if the manager has committed fraud on customers, the customers would look to your company for redress. Your company would be held liable for the fraud. If the affected customers file lawsuit, the lawsuit would be filed against your company and the manager. You are vicariously liable for the action of your employee, the operations officer.

I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

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Customer reply replied 4 months ago
Thank you Phillips,
There is a little twist. I do also have a partnership agreement witthh the COO, which carries a clause stating all losses and liabilities fall on him in his decisions and jurisdiction. Also he may have done all this while I was in India doing business as well as on hiatus due to father's death a year ago. He was pout ion charge of all operations of the company. So he is not an employee. Also the business is an LLC. This should protect my personal assets? As I have a family

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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There is a little twist. I do also have a partnership agreement witthh the COO, which carries a clause stating all losses and liabilities fall on him in his decisions and jurisdiction.

Response 1: This only means that if the customers he defrauded sues you (your company) and win, you would go after him for reimbursement. Your arrangement with him would have no impact on the defrauded customers because the customers are not privy to your arrangement and thus not bound by it.

Also he may have done all this while I was in India doing business as well as on hiatus due to father's death a year ago. He was pout ion charge of all operations of the company. So he is not an employee. Also the business is an LLC.

Response 2: My deepest sympathies for your loss. Kindly see my previous response. If he defrauded the customers in the name of your company, you are ultimately responsible. However, pursuant to your agreement, you can seek reimbursement from him. However, that does not have any impact on the defrauded customers.

This should protect my personal assets? As I have a family

Response 3: Yes. An LLC is a separate legal entity. Your personal assets cannot be used to satisfy the debt or obligation of the LLC.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,381
Experience: B.A.; M.B.A.; J.D.
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