{"id":776,"date":"2026-10-16T17:05:50","date_gmt":"2026-10-16T17:05:50","guid":{"rendered":"https:\/\/kewlegal.com\/resources\/outside-general-counsel-for-businesses\/can-my-business-partner-withdraw-funds-without-my-consent\/"},"modified":"2026-10-28T05:11:43","modified_gmt":"2026-10-28T05:11:43","slug":"can-my-business-partner-withdraw-funds-without-my-consent","status":"publish","type":"page","link":"https:\/\/kewlegal.com\/resources\/outside-general-counsel-for-businesses\/can-my-business-partner-withdraw-funds-without-my-consent\/","title":{"rendered":"Partnership Dispute Attorney Florida: Partner Took Funds?"},"content":{"rendered":"\n
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Partnership Disputes | Coral Gables, Sunny Isles Beach and South Florida<\/p>

Your Partner Took Company Funds? Get Counsel Before You Act<\/h1>

KEW Legal focuses on business law for owners and investors in Miami-Dade and Broward counties, including partnership disputes over money taken from the company.<\/p>

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KEW Legal at a Glance<\/h2>\n

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Offices in Coral Gables and Sunny Isles Beach<\/p><\/div>

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Confidential first consultation, with no obligation to continue<\/p><\/div><\/div>\n\n<\/div>\n\n\n

By Kristina E. Wilson \u00b7 Published October 16, 2026<\/p>\n\n

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The Short Answer: It Turns on Your Governing Documents<\/h2>\n

Can my business partner withdraw funds without my consent? The short answer is that it turns on your governing documents. The key question is whether the money left the company under a permitted arrangement or outside one.<\/p>\n

A payment may be an agreed distribution, a reimbursement for a real company expense, or an unauthorized taking. Florida law treats each one differently. The governing documents, the type of entity you own, and the partner’s role and signing authority all shape the answer.<\/p>\n

Florida’s entity statutes<\/a> draw the line. An operating agreement governs an LLC’s internal relations, and a partnership agreement governs relations among partners. Where the agreement is silent, the statutes fill the gap. This is general information about Florida law, not advice about your account.<\/p>\n\n

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If you just found a company payment you never approved, you may have a claim worth reviewing, and you don't have to sort it out alone. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Start With the Operating Agreement or Partnership Agreement<\/h2>\n

The written agreement is the first document to review. For an LLC, the operating agreement governs relations among the members and between the members and the company. The LLC chapter governs any matter the agreement does not otherwise provide for (Fla. Stat. \u00a7 605.0105<\/a>).<\/p>\n

For a partnership, the partnership agreement governs relations among the partners. The partnership statute<\/a> fills any gaps (Fla. Stat. \u00a7 620.8103<\/a>).<\/p>\n

Look for distribution schedules, draw limits, and capital account rules. Check expense reimbursement policies, approval thresholds, and who may sign for the company. Some agreements require written approval before any owner takes money out. Others say nothing about a specific payment at all.<\/p>\n

That silence is often the real problem. When the agreement doesn’t address a transfer, the statutes decide the matter. So read the agreement and the statute together.<\/p>\n

Who Can Sign and Who Controls the Company Bank Account<\/h2>\n

The people listed as authorized signers are the first factual check. Find out who the bank has on file. Signing authority often comes from the bank’s account documents and the company’s internal records. Those sources may not match, so compare them.<\/p>\n

A bank processes transactions from people it has on file as authorized. A withdrawal can clear even when the other owners never approved it. Whether a particular withdrawal was proper depends on the facts of each situation.<\/p>\n

Ask for current records now. Request signature cards, account opening documents, and the full transaction history. Keep copies of everything you receive.<\/p>\n

If you are a member of a member-managed LLC, Florida law gives you an inspection right. A member of a member-managed LLC may inspect and copy company records that are material to the member’s rights and duties under the operating agreement or chapter 605, on reasonable notice and at a reasonable location the company specifies (Fla. Stat. \u00a7 605.0410<\/a>). Those records include financial statements for the three most recent years.<\/p>\n

Distributions, Draws, and Unauthorized Transfers<\/h2>\n

A distribution is a payment the governing documents allow. It is usually made on an agreed schedule or formula. A draw is a similar payment the owners agree to in advance. Neither one is a free pass to take cash.<\/p>\n

Florida law also limits distributions. An LLC may not make a distribution if, after the distribution, it would be unable to pay its debts as they become due in the ordinary course of the company’s activities and affairs. A distribution is also barred if the company’s total assets would fall below its total liabilities, plus any amount needed to satisfy preferential rights upon dissolution (Fla. Stat. \u00a7 605.0405<\/a>).<\/p>\n

Common red flags include these:<\/p>\n