Mismanagement of funds by partner

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Self employed
35 Points Joined August 2017

After drawing up a contract, I invested in a company, but the company's partner used some funds without my knowledge or approval. I want to reduce that amount from his investment while sharing the profits but he doesn't want to do that. I drew up another contract stating the ROI for the amount he used to be the project ROI while sharing profits. He says no. The original agreement doesn't have any clause regarding the mismanagement of funds. what can I do now? 

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On 08 March 2025 at 06:11 Report
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Master in Accounts & high court Advocate
9047 Points Joined December 2011

A complex contractual dispute. Key Issues:

 1. *Misuse of Funds*: The company partner used funds without your knowledge or approval.

2. *No Clear Contractual Clause*: The original agreement lacks a provision addressing mismanagement of funds. 

3. *Disagreement on Resolution*: The partner rejects your proposed solution to adjust the investment and ROI. Potential Steps: 

1. *Negotiation*: Attempt to negotiate a mutually acceptable resolution, considering the partner's concerns and your investment. 

2. *Mediation*: Engage a neutral third-party mediator to facilitate a discussion and potentially reach a settlement. 

3. *Arbitration*: If negotiation and mediation fail, consider arbitration, where a neutral party makes a binding decision.

 4. *Litigation*: As a last resort, consider taking legal action to enforce your rights and protect your investment. Contractual Considerations:

1. *Implied Terms*: Depending on the jurisdiction, courts may imply terms into the contract to reflect the parties' intentions or industry standards. 

2. *Fiduciary Duties*: Partners may owe fiduciary duties to each other, including duties of loyalty, care, and disclosure. Recommendation:

 1. *Seek Professional Advice*: Consult with a lawyer or a qualified business advisor to assess your options and determine the best course of action.

2. *Gather Evidence*: Collect relevant documents, records, and communications to support your position. 

3. *Be Prepared to Negotiate*: Approach negotiations with flexibility and an open mind, but also be clear about your minimum requirements.

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On 08 March 2025 at 07:58


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