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  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Question Creating Bylaws

    My question involves business law in the state of: NC

    Ok...Im back again, with a little more information. As I stated in my prior thread, I am a business owner along with two other partners. One of my partners and I are trying to get rid of the third partner for down right just being dead weight and not doing her job. We have been incorporated for almost two years now, only in business for one but we did not realize that we had to have bylaws in place for our company, which we still do not have. We filled out the document for our incorporation online through the secretary of state ourselves where all three of us were listed as incorporators. My question is since we are all three listed as incorporators would we all have to be present to create the bylaws with the lawyer or can me and the remaining business partner create them alone. Is there also a way to remove her off the corporation if it is stated in the bylaws...any loop holes??? HHHHEEEELLLLLLPPPPP!!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Creating Bylaws

    You need to talk to your lawyer about this at your meeting tomorrow. For corporations, North Carolina law requires that "The incorporators or board of directors of a corporation shall adopt initial bylaws for the corporation" (See NCGS 55‑2‑06.) I suspect you'll be creating a context for litigation if you and one of your partners conspire to fulfill that duty, years late, for the purpose of self-dealing against your third partner.

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