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29 Jul 2020, 12:27 pm
The court does not review questioned transactions, unless self-dealing by the manager is alleged. [read post]
23 Apr 2012, 2:53 pm
Voting Requirements How many votes does each LLC Member or Manager have when it comes time to take a vote? [read post]
8 Apr 2024, 12:56 pm
A derivative action may be dismissed if the complaint filed by the plaintiff does not establish either, that a demand was made and denied, or that it should be excused because it would have been futile. [read post]
18 Sep 2014, 4:30 pm
“John Doe 1” received the letter on behalf of Metro Media Entertainment LLC in May 2012. [read post]
4 May 2012, 4:56 pm
The trustee is not limited to a charging lien and does not have to wait until the LLC actually makes a distribution. [read post]
21 Aug 2017, 3:33 am
When a fully integrated operating agreement states that the LLC’s purpose is “any lawful business,” may a minority member of an LLC nonetheless seek judicial dissolution based on extrinsic (parol) evidence that those in control of the LLC are operating it for a lawful business purpose that departs from the LLC’s alleged original lawful business purpose? [read post]
21 Aug 2017, 3:33 am
When a fully integrated operating agreement states that the LLC’s purpose is “any lawful business,” may a minority member of an LLC nonetheless seek judicial dissolution based on extrinsic (parol) evidence that those in control of the LLC are operating it for a lawful business purpose that departs from the LLC’s alleged original lawful business purpose? [read post]
11 Mar 2014, 12:11 pm
A Charging Order Does Not Work An Assignment Of An LLC Interest The Court of Appeals disagreed with First Bank's position, holding that "[n]owhere in these provisions does the General Assembly mandate an assignment of membership interests from a debtor to a judgment creditor through a charging order." [read post]
26 Dec 2010, 4:31 am
The sponsor does not choose the newspapers in which the notice will be published; instead, the newspapers are predetermined for the LLC. [read post]
30 Apr 2012, 7:41 pm
In my opinion, the plan does not work in most courtrooms. [read post]
2 May 2018, 7:11 am
The Times does detail some problematic situations where the owner of an LLC cannot be tracked down by tax authorities and others, when the registered agent has resigned. [read post]
19 Apr 2023, 7:46 am
For example, Delaware does not require LLCs to hold an Annual Meeting or complete an Annual Report. [read post]
25 Mar 2020, 12:33 pm
The duty to refrain from competing with the company ends at dissolution and does not continue during the wind-up process. [read post]
17 May 2008, 5:00 am
The LLC may also file a statement of authority with the Iowa Secretary of State that specifically sets forth who does or does not have authority to act for the LLC to execute an instrument transferring real property or to enter into transactions on behalf of or otherwise act for or bind the LLC.Hat tip to Joe Kristan for pointing out Marc's blog. [read post]
17 May 2022, 4:30 am
But if you’re setting up your LLC in Missouri, Missouri’s law does require you to have an operating agreement. [read post]
15 Jun 2021, 9:24 am
It does not apply to prevent another party from bringing a lawsuit against an unregistered foreign corporation or LLC in a state or federal court located in Tennessee. [read post]
9 Dec 2020, 7:27 am
How Does LLC Formation Work? [read post]
11 Jan 2008, 5:19 am
What is a Series LLC and how does it file in California? [read post]
24 Feb 2014, 6:41 pm
The recent Federal Court of Canada decision in Voltage Pictures LLC v. [read post]
28 Jul 2014, 8:24 am
Although the Cain Family Farm decision does directly address that question, the Court of Appeals appears to treat the two bases of apparent authority as independently viable, implying that Indiana courts will recognize the apparent authority of a member or manager under the common law even if apparent authority does not exist under the Indiana Business Flexibility Act. [read post]
