What is the best track to buy out a business partner?

I currently own a business with 2 other partners. Two of us are contained by agreeance to get rid of one partner because of failure to do work and other valid reason. We just found out that we never completed our Incorporation by creating bylaws and that we still may do so but the incorporation does not bind us to a certain percentage a piece. So as of in a minute we dont have any agreements or bylaws within the company that states who get what percentage and what to do in this matter. So is it possible that we are not binded to afford her a certain amount since we dont have bylaws stating so?

Answers:    No. You are more screwed than if you have completed the incorporation process. Unless otherwise stated, it is assumed that partners are equal. (It is a partnership because you don't qualify as a corporation.) I don't know what you've accomplished as far as establishing your business, I don`t know it would be easier to start up a new business and make sure you dot your i's and cross your t's this time. If that isn't practical, see if you can craft a mutually acceptable offer to buy her out. I suppose you can sue her for non-performance, but that could unquestionably entail a ton of work and legal costs.
Contact an attorney. You involve an attorney.....


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