Am I in a partnership, and can I get out?

**thomasfrank09** · 06-23-2009 11:18 AM

Hello,

I run a web design company with a partner. Currently we are just starting out, so the only official piece of paperwork we have signed is the Statement of Ficticious Names sheet. Since both of our names are on it, does that mean the other partner has controlling interest in the business? I would like to retain complete control of the business as I find that I do a lot more work for it. How would I go about this?

Thanks

**noob** · 06-23-2009 03:00 PM

That does nothing. Legally the two of you aren't even attached assigned for the DBA you filed. Of course this varies slightly from location to location but neither of you are actually assigned ownership of any sort. And a DBA is different than an actual entity which sounds like you never set one up. If you leave the company, yes you can leave any time, but to hold control, not probable unless you already set this up to begin with base on number of shares or control allocated legally done on paperwork. You don't even have a corp or an LLP much less talk about controlling interest. I would recommend you seek a simple agreement and consult a lawyer on whats possible but honestly, doesn't sound like its worth it if you're exiting.

**thomasfrank09** · 06-23-2009 04:05 PM

No, I'm not exiting at all. I want to build this company during my college years, but I feel that my partner is going to drag it down because he is not very motivated. Therefore I would like a set up as a sole proprietorship and eventually incorporate as an LLC. For now though, I just want to make it is MY business and give him no say in its operations, which I can't do with a partnership.