Friday, 5 September 2014

I currently have a operating agreement (LLC) with one partner. We each have 50 interest in the company. If I want to sell and he doesn't ca...

Question

I currently have a operating agreement (LLC) with one partner. We each have 50% interest in the company. If I want to sell and he doesn't can I essentially give him my half and walk away?



Answer

The answer to your question should be found in the operating agreement. If the operating agreement is silent on this point, under default New York law you cannot unilaterally withdraw from an LLC and would have to either come to an agreement with your partner or request court intervention through a judicial dissolution.

I would be happy to chat with you further. Feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.



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