Can I start a new company on my own with our current product?

Question

I'm a partner in a 50/50 General Partnership in Québec, Canada (S.E.N.C). The partnership was created to eventually own a product we've been developing for some time.

As the main developer, I've written virtually all the code and functionality of the product, and conceived the product and company logos, name and web UI, server config, etc. (with advices from my partner taken into account). The idea for the company & product was initially mine, but I needed to split the costs and have someone to eventually do the management/legal/help aspects of the company, so we teamed up.

The problem is that my partner hasn't been investing himself much lately. He misses meetings and becomes unreliable with the deadlines. I now have to constantly remind him to help me out, which doesn't seem fair since we split the company assets 50/50.

My intention is to create another company with a similar name and to link the product with it. This is since we haven't created/signed a contract or agreement yet, and the current GP company is only used to pay server expenses.

Is this legally feasible?

Answers: 0 public & 0 private

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