أسئلة وأجوبة
How to claim my share in a company from a partner who is trying to put hand on everything?
On June 23rd, I was introduced to a gentleman through a friend to partner with on developing a new software solution.
For his end of the deal, he was to produce 45% of the software to a spec which was agreed in June, and then once it was built to that spec the company would take over payments.
The company was established Aug 23rd. In September, he started asking for payments for 50% of the costs, circa 10k Euro or development would stop. To date, I have paid almost 70k Euro to him for the development.
The software only became useable, still not to the agreed spec around 90 days ago. Since then he has been trying to get myself and my wife (jointly we own 45%) out of the company through various means.
He tried to steal the domain by accessing my personal Tasjeel account to transfer to his own but this was stopped. He is now threatening to force company closure, no refund of our money, and keep the software for himself.
What can we do?
He has used almost all my cash to date to get to this point.
Dear.
If you have the agreement and proof to support your words, and if you see that the specifications do not conform with the agreement, you must file a lawsuit in court to demand the annulment of the agreement and the recovery of the amounts you paid, and you can also demand compensation for the loss.
Our firm offers complimentary consultations to assist you with your legal concerns, which can be conducted online in a 15-minute session.
Please contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Law Firm Legal Counsel and Consultations
Hello,
Dear questioner, you can file a complaint with the police station affiliated with the headquarters or management of the company and submit documents proving the signed agreement regarding the development of the program and that the program is not as agreed upon.
As for the hacking of your account and threats to close the company, you can also file a complaint with that.
We can help you in all matters. Share your WhatsApp number
You do not have to worry anymore. We can assist you in reviewing the service agreement and advise you on the coming legal steps.
As initial advice, we can assist you in serving a legal notice as per court requirements on the letterhead of our law firm in both language English & Arabic.
In addition, if he does not respond within the given grace period to comply with the spec, we can assist you in filing a claim requesting full compliance with his obligations according to the contract, in addition to a penalty for delays and compensation for the loss.
We can file a separate case for him trying to steal your domain.
His threatening to force company closure should not be valid unless he has the authority as per the AOA or a POA to do so.
You can schedule a free legal consultation session including verifying your legal documents.
Where is the company registered? Under which jurisdiction?
He cannot withhold the software or force the closure of the company without your agreement.
If your partner is not fulfilling his obligations as per the agreement, you may have grounds to take legal action against him.
Contact us by phone. We can assist you with this matter.
Dear Questioner,
We can file a case against the company as you have the rights to the software developed since you have made the payments for the same.
However, we need to review the documents in order to advise you properly. Please send us the documents by email and contact us on the phone for detailed discussion and assistance.
Dear Questioner,
I'm sorry to hear about the difficult situation you're facing with your business partner. It's important to take immediate action to protect your interests and address the threats being made against your company and your investment.
Here are some steps you can consider taking:
1. Review the partnership agreement:
Start by reviewing the partnership agreement or any other legal documents that govern the relationship between you and your business partner. Pay close attention to any clauses related to ownership, responsibilities, dispute resolution, and the development of the software solution.
2. Document the payments made:
Gather all documentation related to the payments you've made to your business partner for the development of the software solution. This includes invoices, receipts, bank statements, and any other records that demonstrate the payments made and the amounts involved.
3. Consult with a lawyer:
Seek legal advice from a lawyer who specializes in business disputes or contract law. They can review your case, assess your legal rights and options, and provide guidance on the best course of action to take to protect your interests and resolve the situation.
4. Consider mediation or negotiation:
If possible, attempt to resolve the dispute through mediation or negotiation with your business partner. This may involve discussing the issues openly and trying to reach a mutually agreeable solution that addresses your concerns and allows the project to move forward.
5. Protect your intellectual property:
If the software solution has been developed to a usable state, consider taking steps to protect your intellectual property rights. This may involve applying for patents, trademarks, or copyrights to prevent your business partner from using or profiting from the software without your consent.
6. Explore legal remedies:
If negotiations fail and your business partner continues to threaten the closure of the company and the misappropriation of funds and assets, you may need to explore legal remedies such as filing a lawsuit for breach of contract, fraud, or other relevant legal claims.
7. Maintain open communication:
Throughout the process, it's important to maintain open communication with your business partner and attempt to resolve the issues amicably if possible. However, prioritize protecting your legal rights and interests to ensure a fair and equitable resolution.
By taking these steps and seeking professional legal advice, you can work towards resolving the dispute with your business partner and protecting your investment in the software solution and the company.
Acting promptly and decisively is crucial to preventing further harm and securing a favorable outcome for your business.
Thank you for reaching out to me with your situation!
It appears that you are dealing with a complex and challenging partnership dispute regarding your software development agreement and subsequent company issues.
Given the circumstances you described, there are several key legal considerations and potential actions you can take:
- Breach of Contract:
The gentleman you partnered with appears to have breached the terms of your agreement by not delivering the software to the agreed specifications and by demanding additional payments contrary to your initial understanding.
We can pursue a legal claim for breach of contract to recover the amounts you have paid and to seek damages for any further losses.
- Misappropriation of Funds:
If he has used the company’s funds for personal gain or in ways not agreed upon, this could constitute a misappropriation of funds. Legal action can be taken to address this misuse.
- Company Ownership and Control:
His attempts to oust you and your wife from the company and his efforts to transfer the domain unlawfully can be challenged. We can explore legal remedies to protect your ownership interests and to ensure that your rights as shareholders are upheld.
- Threats and Coercion:
His threats to close the company and keep the software for himself are serious and may involve elements of coercion and bad-faith dealings. Legal measures can be taken to counter these threats and to protect your interests.
I recommend that we schedule a consultation to discuss your case in detail and to formulate a comprehensive legal strategy to address these issues. It is crucial to act promptly to protect your rights and investments.
Please reach out to me via WhatsApp or phone [------------], or email me to arrange a meeting at your earliest convenience.
