{"id":5683,"date":"2026-10-28T03:42:34","date_gmt":"2026-10-28T03:42:34","guid":{"rendered":"https:\/\/kewlegal.com\/resources\/partnership-dispute-attorney\/partner-diverted-company-funds-opportunity-florida\/"},"modified":"2026-10-28T03:42:42","modified_gmt":"2026-10-28T03:42:42","slug":"partner-diverted-company-funds-opportunity-florida","status":"publish","type":"page","link":"https:\/\/kewlegal.com\/resources\/partnership-dispute-attorney\/partner-diverted-company-funds-opportunity-florida\/","title":{"rendered":"Partner Diverted Company Opportunity: Florida Attorney Help"},"content":{"rendered":"\n
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Partnership Disputes | Coral Gables & Sunny Isles Beach<\/p>

Your Partner Took a Business Opportunity. Now What?<\/h1>

KEW Legal helps business owners and investors across Miami-Dade and Broward County respond when a partner diverts a company opportunity for personal gain. Free, confidential first consultation with no obligation to continue.<\/p>

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By Kristina E. Wilson \u00b7 Published October 27, 2026<\/p>\n\n

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When a partner moves company money or takes a deal meant for the business, the company may have legal claims under Florida law. If a partner diverted company opportunity, a Florida attorney can help you sort out your options. This page explains the duties, the remedies, and the first steps. It is written for owners, co-investors, and members of Florida partnerships and LLCs, including people looking into this for a company or a co-owner.<\/p>\n

What It Means When a Partner Takes Company Funds or Diverts an Opportunity<\/h2>\n

Disputes of this kind can arise in many different ways. The first is company money used for a partner’s personal benefit. The second is a company deal steered to the partner or a related entity.<\/p>\n

The first often shows up as bank activity no one can explain, such as transfers labeled as loans or payments to a personal account. The second often shows up as a deal that quietly leaves the pipeline, or a third party who says your company was never the real buyer or seller.<\/p>\n

Discovery is usually sudden. Owners often feel pressure to confront the partner right away. Slow down and gather the facts first. Written accusations can be used later, and records can change if no one preserves them.<\/p>\n

If you are looking into this for a company or a co-owner, the same steps apply. Start with the documents that govern the business.<\/p>\n\n

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If a partner moved company money or took a deal meant for the business, you don't have to sort out the records alone. Our team at KEW Legal can talk through your situation with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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The Duties Florida Law Places on Partners and Members<\/h2>\n

Managers of manager-managed LLCs and members of member-managed LLCs owe fiduciary duties of loyalty and care to the company and its members. The loyalty duty covers company opportunities and profits taken from company activities.<\/p>\n

For LLCs, Fla. Stat. \u00a7 605.04091<\/a> says a manager or member must account to the company for benefits from the appropriation of a company opportunity. It also bars dealing with the company as a party adverse to it, except to the extent a transaction satisfies the requirements of s. 605.04092, and competing with it before dissolution.<\/p>\n

For partnerships, Fla. Stat. \u00a7 620.8404<\/a> limits partner duties to loyalty and care. The same accounting rule covers partnership opportunities and a partner’s use of partnership property.<\/p>\n

The duty of care is narrow. It covers grossly negligent or reckless conduct, willful or intentional misconduct, and a knowing violation of law.<\/p>\n

Self-interest alone is not enough. Under \u00a7 605.04091<\/a>, a member does not violate a duty solely because the conduct furthers their own interest.<\/p>\n

The written agreement matters too. The duties of loyalty and care under this section are owed by each manager or member, and the operating agreement’s ability to change them is set by \u00a7 605.0105<\/a>. It cannot relieve a person from liability for conduct involving bad faith, willful or intentional misconduct, or a knowing violation of law, per Fla. Stat. \u00a7 605.0105<\/a>.<\/p>\n

Remedies Available Under Florida Law<\/h2>\n

In some cases, a member can also sue on the company’s behalf.<\/p>\n