I am a co-founder of a company (35%) and it’s clear my other co-founder (65%) does not have the expertise to lead the company. If I were to leave this company would I be able to start a new company in the same space?
I think our idea/market/product is awesome but don’t want to continue doing it with the other co-founder.
Generally you are free to do what you want barring any contracts to the contrary. However you would not legally and ethically be able to take the IP belonging to the original company into the new one.
(Not OP but similar situation ) If nothing is signed, or written down ... where does that companies property (IP) end, and common / general use files begin? How can that be defined?