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4 Replies Last post: Sep 27, 2009 11:13 AM by DomainDiva

Husband Removed Me From Our Business Account

Sep 25, 2009 9:07 PM

akasooz 2 posts since
Sep 25, 2009

Hi All,

I could really use some help/advice. January 2005 my husband and I formed an S-Corp. We are the only officers and directors and we each own equal amounts of stock. We were both signatures on the business checking account and the bank was given our Articles of Incorporation when the account was set up. Sadly, we are in the beginning stages of what could be a very nasty divorce; and I just learned that he has removed me from this account and initiated a fraud claim because I authorized an electronic payment from the account. Can the bank remove me without my authorization? What recourse do I have? Thank you in advance for any help you can provide.

Tags: attorney, business_attorney, legal, business Report as inappropriate

MoveForward 148 posts since
Aug 13, 2009

1. Re: Husband Removed Me From Our Business Account Sep 26, 2009 12:50 AM

Suggestion....on Monday get a business lawyer to file a
Legal Seperation, this will give you grounds to push for
an account who will now do the books and bills on both
of your behalfs, until you are sure the divorce is the next
option.

Say nothing to him, simply work quickly and quietly.

A second option, close the account. This would put a

freeze on your current account.

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DomainDiva 1,732 posts since
Oct 10, 2007

2. Re: Husband Removed Me From Our Business Account Sep 26, 2009 10:34 AM

in response to: MoveForward

Legal separations are not recognized in every state.I In Texas they do not exist) She needs to contact her divorce attorney as the business was a part of the 'community property'. She ca't close the account since her name has been removed.

Sounds to me like there is something quite not right here...with the legality of the closing of the account. If the husband was pursuing fraud charges for an unauthorized payment was there a police report? A report to the bank? Something is just not right....

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akasooz 2 posts since
Sep 25, 2009

3. Re: Husband Removed Me From Our Business Account Sep 26, 2009 10:46 AM

in response to: DomainDiva

Thank you for your replies. The business is in Arizona and our business is a hotel/restaurant. My husband called the bank to say that he did not authorize the debit and then he filed a report with B of A fraud dept. My question has to do with the bank removing me from the account unilaterally. Can the bank do this without my knowledge or authorization?

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DomainDiva 1,732 posts since
Oct 10, 2007

4. Re: Husband Removed Me From Our Business Account Sep 27, 2009 12:04 PM

in response to: akasooz

When fraud is suspected, yes they can. What you need to do is prove that this expenditure was in fact a legal business expenditure. If you removed money from the company for personal uses you could be facing some difficult times your attorney can subpoena a BofA rep to testify at the hearing if desired. At the very least you are entitled to a copy of the fraud report, again contact your attorney.

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ForumsLegal and Insurance

This Question is Possibly Answered

Husband Removed Me From Our Business Account

Sep 25, 2009 9:07 PM

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