Possibility to sue a US citizen in US court as an non US resident/citizen
I have a business in US California in which I hold 50% of the total shares, and the shareholder holding the other 50% is whom I would like to sue, I will refer to her as X in this letter. The business has run for 5 years, recently X told me to buy the 50% shares she holds at an absurdly high price, after I refused, she has since shut off all my channels of monitoring the company activity. I believe she is transferring money away from the company by setting her salary at a ridiculously high price which I never agreed to. She has refused to answer any of my calls and messages, the company accountant will not provide me any paperwork stating that I am not the company contact person. I am neither a US citizen nor a US resident, X is a US citizen. I would like to know if I can sue in the US court by hiring a US attorney to represent myself in court and what I can possibly sue her for. If I can not do so, can I transfer my shares to a US taxpayer (non-citizen) and have that person sue X?
  • United States
  • Commercial and Business Law

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posted 3 months ago
First of all you do not need to be a United States citizen or even to hold a green card in order to bring litigation in a California court of law what you need to have is a valid cause of action. In this case as a shareholder of the corporation you are entitled to inspect all corporate records that already exist in addition you are entitled to review all information and documentation that has a material impact on the corporation. If X is allowing herself an excessive salary of which you never approved than the payment of such a salary is only possible with approval of the Directors of the company. If the Directors of the company approve an excessive salary to the detriment of the company they have engaged in a breach of fiduciary duty and liable as such. So you can she her for failure to comply with the requirements of the Business Corporations Act of California and you can sue the Directors for breach of fiduciary duty.
posted 3 months ago
Please send me the copy of contact of your business first then I will update you in this regard