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Closing an LLC company by a partner and claiming the rights

What is the process to close an LLC company which makes losses?

I am a partner. My partner/ managing director didn't make any audit nor accounting for 5 years. I filed a case against him. He mismanaged the company and it went into losing more than the capital, 200% of the capital and he didn't inform me.

What should I do?

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Al Safar & Partners Advocates & Legal Consultants
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6 Sep 2020, 14:50

Dear client,

Good day!

You have the right to take action against them provided you need to follow the procedure as per the corporate and commercial law.

First, you have to send a written notice to the partner with 15 days notification calling for a shareholder's meeting or partner's meeting.

Then, after the meeting, you need to pass a resolution that confirms the solution of the company or demand the reason why the company is suffering from these many losses.

After the board resolution is passed, if the board resolution is not passed, they don't make it, you don't need to be a partner, or you don't agree to sign the resolution of the meeting, then you have the right to go to court and to file a case against the partner to investigate.

First to appoint an auditor to investigate the account details and to see where the money went and how the loss was incurred in the company.

The financial accountant will give a report to the court, on that basis, you can decide whether you need to file a compensation claim or claim case against your partner or a criminal case against them.

For further assistance, please feel free to contact us via phone or email.

Thank you!

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