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fiduciary duties (1 viewing) (1) Guest
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TOPIC: fiduciary duties
#5641
mmosm (Visitor)

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fiduciary duties 1 Year, 11 Months ago  
If i am a co-owner in an LLC with a partner and our business is web development and IT architecture. My partner and i work well together, but now i have an opportunity to partner with someone else to develop point of sale units for retail franchise stores. Do i have an obligation to include my partner in this new business opportunity? My current partner thinks that i have a duty to offer the opportunity to the LLC, and not keep it for myself.
 
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#5657
Mike Sareta (User)
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Re:fiduciary duties 1 Year, 11 Months ago Karma: 0  
if the new business opportunity is within the same or similar line of business of that with your existing partner, or if this new opportunity grew out of the existing partnership, then yes you do have an obligation to share the opportunity with your existing partner.

No, there is no obligation to share all business opportunities with your partner, and no your current partner is not your only option for a partner, but you do have a duty of care and loyalty to your partner.
 
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#5674
tbm1231 (User)
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Re:fiduciary duties 1 Year, 11 Months ago Karma: 0  
The only of breaching the duty of loyalty to a partner is if that harmed partner has the wherewithal to sue. If he cant find an attorney to sue on a contingent fee basis or he doesnt have the money to hire an attorney, then nothing will happen. The statute of limitations on a shareholder dispute is generally 6 yrs depending on the state.
 
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#5807
Shellrott (User)
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Re:fiduciary duties 1 Year, 10 Months ago Karma: 0  
If a co-owner breaches his fiduciary duty, can he be awarded treble damages? Assume the state if Texas.
 
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