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Author Topic: Business Partner is Starting Competing Business  (Read 45 times)

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Offline AashuJargi

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Business Partner is Starting Competing Business
« on: November 24, 2018, 11:35:34 PM »
Hi,

We are a private limited India company with 3 directors of equal shareholding.

Our company possesses an online software which our customers use and make the payment. This online software/website is the only source of income we have in the company.

Now, we are having some issues with 1 director as he went to his hometown 10 months back and not willing to show up for work.

Being in dilemma we asked him to resign but he is asking huge amount of money, we can't even shut down the company (because it requires 75% shareholding) so we decided to make another similar software to cater the same market.

Please let us know, Is there any legal obligation or any malpractice we are doing?

Just to inform you,
1. The software/website doesn't possess any IPR (Intellectual Property Rights) or Copyright becasue it is a generic software and anyone can build it.
2. We have not signed any partnership agreement.

Offline kalaskarkk

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Re: Business Partner is Starting Competing Business
« Reply #1 on: November 26, 2018, 08:46:29 PM »
Dear Sir,
You are free to start your own business in view of not signing partnership agreement.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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