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Disposing of the property of a company requires management, then board, then shareholder consent. According to provisions set out in a company's bylaws or operating agreement. Or maybe a court order in a bankruptcy proceeding.

Think of it this way...

Setup: An investor bought 20% of the shares of your company. You and a co-founder have 30% each and the employees have 20% in semi-vested stock options. You have $10,000 in vendor-related debt, a lease on your space, some computers, some software, and $2500 in the bank. You are not going to make another payroll.

Under no circumstances can you, as the founder, with all these people who have various claims on the company can go give that $2500 in the bank to a homeless person you just met on the street. Or to a church. Or, if you already know you are hitting the wall, throwing a big going-away party for the employees.

Software is the same. It's a company asset. You are not a solo flier. It belongs to the company - not to you. You are only one of the several (or many) stakeholders -- including the landlord!




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