QUESTION

My business partners in an s corp withdrew 155000 from the business bank account and deposited into a personal account with just their names listed,

Asked on Aug 23rd, 2017 on Business Litigation - Tennessee
More details to this question:
is this considered embezzlement even though they said they paid company bills from that account?
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1 ANSWER

Tennessee does not have the crime of embezzlement. We have theft. It is probably not theft because as partners they are also owners of the money. Theft is defined as "A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent." If you have a written agreement that prohibits them from doing what they did, then it might be theft.
Answered on Aug 23rd, 2017 at 3:36 PM

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