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This act provides a legal framework outlining the rights and responsibilities of LLC members and offers avenues for minority members who face oppression within the company. [read post]
12 Jun 2023, 2:27 am by Peter J. Sluka
”  In states that adopted without modification the Revised Uniform Limited Liability Company Act, unanimous consent of the LLC’s members is required to authorize a merger, so—absent some authority in the operating agreement—the freeze-out merger is not a viable expulsion device. [read post]
24 Jan 2022, 2:46 am by Peter J. Sluka
” By my count, this phrase and its close relative, “unless otherwise provided in the operating agreement,” appear 59 times in New York’s LLC Law, most often to qualify a rule on LLC governance. [read post]
20 Jun 2016, 3:16 am by Peter Mahler
Unfortunately for us, the decision does not provide any details concerning the contested provisions of the operating agreement. [read post]
23 May 2023, 6:50 am by Matthew Dochnal
A foreign qualification provides an LLC with the legal right to conduct business in a different state. [read post]
28 Aug 2017, 7:31 am by Lev Martyniuk
The LLC operating agreement provided that the business and affairs of the LLC would be managed by or under the direction of its board of directors as permitted by Section 141(a) of Delaware’s General Corporation Law (GCL). [read post]
28 Aug 2017, 7:31 am by Lev Martyniuk
The LLC operating agreement provided that the business and affairs of the LLC would be managed by or under the direction of its board of directors as permitted by Section 141(a) of Delaware’s General Corporation Law (GCL). [read post]
24 Mar 2017, 8:57 am by IncNow
A corporation only protects each shareholder’s personal assets from company liabilities, there is no reverse shield as would be provided by the Delaware LLC. [read post]
4 Jan 2011, 4:00 am
Generally, that meant voting is based upon the percentages of the members and a member with 51% or more would control how the company is operated. [read post]
5 Jul 2022, 5:30 am
You can maintain control over your estate as an LLC manager while providing significant tax benefits to you and your children. [read post]
29 Apr 2013, 10:29 am by Steven Koprince
The operating agreement provided that all decisions made by the company would be made by the managers. [read post]
22 Dec 2023, 3:52 am by Cari Rincker
For reporting companies created after January 1, 2024, company applicants must provide their name, birthdate, address, and the unique identifying number, issuing jurisdiction, and image of an acceptable identification document. [read post]
24 Nov 2023, 10:03 pm by Cari Rincker
For reporting companies created after January 1, 2024, company applicants must provide their name, birthdate, address, and the unique identifying number, issuing jurisdiction, and image of an acceptable identification document. [read post]
23 Aug 2021, 4:56 am by Franklin C. McRoberts
” “Moreover,” the Court continued, “Article 2 of the operating agreement, titled Purposes, provided ‘[t]he purpose of the Company shall be to engage in any business in which a Limited Liability Company may lawfully engage in the State of New York.'” Based upon these two provisions of the Operating Agreement, the Court concluded: Here, the complaint failed to allege Uhr was unwilling or unable to reasonably… [read post]
2 Jun 2014, 6:31 pm
In that case (unless the operating agreement already deals with the situation some other way), the LLC will have no members, and it will be dissolved. [read post]
9 Sep 2020, 5:37 am by Cari Rincker
LLCs provide substantial flexibility in addressing matters of ownership, management, and financial rights, which are primarily governed by a contract called the operating agreement. [read post]
1 Nov 2023, 9:00 pm by Cari Rincker
Starting a limited liability company (LLC) takes a lot of work. [read post]
24 Aug 2020, 4:08 am by Franklin C. McRoberts
LLC Law § 417 (a) provides that the LLC’s members “shall adopt a written operating agreement. [read post]