Unfaithful Partner: meaning, dangers, and how to Investigate

What does unfaithful partner mean?

The relationship between partners can significantly impact a company's financial performance, either positively or negatively. In the event of a violation of agreements specified in the contract, there is a risk of terminating the professional relationship.

Examples of actions carried out by unfaithful partners include disclosing information about the company and its production methods, engaging in business competition with other partners or individually, engaging in unfair competition, and violating agreements.

A partner is considered unfaithful when they establish relationships with competitors and share sensitive data and confidential information with them.

This violates the non-competition agreement, as stipulated in Article 2557 of the Civil Code.

Another case of partner infidelity is the improper use of trademarks and symbols owned by the company to gain personal advantage or disseminate fake news that discredits the company's reputation.

A particular situation is that of financial infidelity. According to Article 2634 of the Penal Code, if the managing director, general manager, or liquidators take actions focused on the company's assets to obtain unjust profit or additional advantages, they are considered unfaithful partners because they intentionally cause financial harm to the company.

This offense is punishable by filing a complaint, which can be lodged by the majority shareholder of the affected company, alleging misconduct by one or more unfaithful partners.

Dangers for the company in the case of an unfaithful partner

Violating the loyalty agreement and non-competition clause poses a threat to businesses.

If key information and sensitive data are jeopardized, there is a risk of losing competitiveness, and in the long run, it could impact the company's survival in the market. Protect yourself from an unfaithful partner who acts for personal gain, to the detriment of your company's interests.

In addition to losing a competitive advantage, an unfaithful partner may engage in financial manipulation, diverting funds from your company. Manipulating financial records is another way to gain individual advantage, at the expense of your business's financial stability.

When an unfaithful partner focuses on their personal interests, it can lead to a decline in business performance, resulting in conflicts and instability.

How to defend against partner infidelity?

Seek the assistance of private investigators to protect your company when a partner violates signed agreements and obligations.

If the violation of the non-competition obligation is proven, you can exclude the unfaithful partner from your business and seek compensation for damages suffered.

Professionals in the field of private investigations can help demonstrate the misconduct, especially in cases of significant damages such as reduced sales, loss of customers, or declining profits.

Gathering solid evidence, including video and photographic material, and relying on the testimony of a private investigator who can report to the judge what they have documented is crucial to protect your interests and position.

How to investigate an unfaithful partner?

If you, as a partner in a company, have recently begun to suspect one of your peers and believe that they have not complied with the loyalty obligation specified in the contract, it is important to take action promptly. Contact an investigative agency to conduct specific investigations on your behalf.

The investigative process follows precise phases and culminates in the preparation of a final report that describes the work carried out and the results obtained in detail.

As the damaged partner, you can use this document to file a complaint against the other party.

After obtaining all the necessary information to identify the unfaithful partner and their role in the company, the investigation meticulously follows their tasks and internal and external contacts.

Surveillance and tailing are then carried out, essential for acquiring photographic and video evidence to irrefutably demonstrate the unfaithful partner's improper actions.

Having detailed documentation of meetings and suspicious exchanges with third parties outside the company puts you in an advantageous position.

Further checks on partners are also conducted within the company context, using the computer devices at your disposal. If requested, environmental sweeps are also performed to identify any hidden bugs, recorders, and cameras placed without your knowledge.