Can a non member of an llc, who is listed as a signer on the checking account, remove all money from the checking account, open another checking account with the same llc name (Unauthorized from the llc), and deposit the money into the new account without listing anyone other than thereself as a signer. To break this down, my ex-wife, who was a signer, but no a member of the llc, withdrew all money from the llc and deposited the money into both her personal account and opened another savings account undeer the llc's name without listing me, the only member, as a signer. The only signer she listed, was her mother, who has nothing to do with the llc. We're talking around $500k.
Call an attorney. Contact the bank holding the LLC savings account and notify it that you have a claim to the funds. Don't delay.
The bank should not have opened an account in the name of the LLC, without documentation of the LLC and the persons authorized to transact business for it. That said, the real thief is, of course, your ex-wife.
The faster you move on this, the greater the chances that the bank will be cooperative and block your ex-wife's access to the LLC savings account to await a court decision on ownership, and that funds in her personal account can be frozen.
It gets better. THe President of the bank is best friends with my ex-father in law, so I could be wrong, but I contacted the bank when I first found out about the money missing and requested end of month statements, cancelled checks and asked why I was never contacted by the bank when such large sums of cash was being transferred out of my account. They told me that for the first request of the statements it would cost me $4000.00, which hurt, but paid. Not recieving all statements I again requested info. THey replied that the additional info. would cost me an addition $10,000.00!! I sent them a letter requesting all money belonging to the company be transferred out of the bank, listing another account in another bank. Instead, they produced a money order with my name (the only member of the llc)as a signer and my ex-wifes name as a secondary signer. I have contacted an attorney, but I wanted to hear an outside, professional perspective. Im trying to prepare myself.
It's like a bad nightmare!!! I feel the same as you do. I dont understand how or why they found any way to take the risks involved with these actions, but so help me god its true. I'm so confused as to why I still havent obtained any actions toward getting the company's funds back that I've resulted to asking different people/entities for advice. There is an order by a district judge for her to put the money back, which is over a year old, NOTHING! I have another courtdate to hold her in contempt, but meanwhile I've had to claim bankruptcy. I've consitently tried to find reasons that this has gone on as long as it has without actions and sometimes feel that maybe it was just taking time with the legal system and that my attorney was on top of my situation when actually She wasnt! I have a new attorney now and dont want to take anything for granted. So, thats why I'm writing this. I dont want to not do something that I could have or should be doing and not have them at least held accountable. What they've done is wrong and I want to notify whoever or file whatever I have to get this resolved.
as far as for the cost of the copied paperwork, so help me god they told me that it would cost for them to go into archives, investigate and make copies! Yesterday I called them to ask them about a money order associated with my business and they told me that for them to go look into and make copies of it, it would cost me $25.00 for just that! Whats so crazy is that before my exwife took the money, I used to get request like that done for free.