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22 Mar 2013, 10:00 am
Intended to come into effect on January 1, 2014, RULLCA replaces the Beverly-Killea Limited Liability Company Act, and significantly revises the rules for formation and operation of Limited Liability Companies (LLCs) in the state of California. [read post]
2 Feb 2021, 1:38 pm by IncNow
Forming a Delaware LLC is an exciting time for your company, but it’s important to operate your company the right way afterward. [read post]
29 Oct 2018, 5:00 am by Imke Ratschko
Under New York Limited Liability Company law, you can only withdraw under the circumstances provided for in the operating Agreement (Section 507). [read post]
22 Jul 2013, 6:59 pm
In addition, Beverly Killea provides that fiduciary duties may be modified but does not specify in extent or manner in which they can be modified ("[t]he fiduciary duties of a manager to the limited liability company and to the members of the limited liability company may only be modified in a written operating agreement with the informed consent of the members."). [read post]
22 Sep 2021, 1:15 pm by J. Ross Pepper
The Tennessee Revised Limited Liability Company Act (the “LLC Act”) provides the framework and procedures for the formation of a Tennessee LLC. [read post]
27 Jan 2020, 3:58 am by Peter Mahler
” Section 4.4 (“Restrictions on the Members”) providing that, except with the requisite managerial consent, a member shall not “pledge or otherwise dispose of his or her interest in the Company . . . or enter into any agreement as a result of which any other person shall have rights as a Member of the Company,” and that “No member shall do any act in contravention of [the Operating Agreement}. [read post]
31 Mar 2023, 8:12 am by Ambrose Stearns, Jr.
A business owner in Louisiana who wishes to dissolve his or her non-operating LLC may run across information demonstrating how to dissolve the LLC with the Louisiana Secretary of State using an affidavit provided by the Secretary of State. [read post]
15 Feb 2013, 8:08 am by Charles Rubin
Therefore, an LLC electing ‘S’ status provides superior creditor protection to its owners. [read post]
15 Feb 2013, 8:08 am by Charles Rubin
Therefore, an LLC electing ‘S’ status provides superior creditor protection to its owners. [read post]
19 Jan 2018, 7:31 am by Steven Boutwell
A Company Man does not affirmatively assume any duty to provide an independent contractor’s employees with a safe workplace simply by observing their unsafe work habits. [read post]
25 Oct 2023, 10:04 pm by Cari Rincker
LLCs also provide considerable flexibility: Setup. [read post]
June 30, 2021)In this LLC dispute, an investor in a hotel development company alleged that the company principals breached the operating agreement and their fiduciary duties by implementing a fraudulent scheme whereby a parallel venture, that they owned and controlled, was provided with certain adjacent land and company funds in a manner that improperly advantaged the parallel venture and the principals while harming the plaintiff. [read post]
22 Sep 2014, 5:43 am by Admin
Ownership of a Florida LLC may be established, and usually is stated, exclusively in the appropriate section of the LLC’s operating agreement. [read post]
25 Oct 2012, 2:30 pm
  If there was no written operating agreement, then the “default” rules provided by the statute governed. [read post]
25 Oct 2022, 1:20 pm by Tim Robinson
Unless otherwise provided in the company’s articles of organization or a written operating agreement, the membership interests of a deceased single member are fully heritable and would be transferred to the deceased member’s heirs and legatees, who would then enjoy full rights as a member or members of the company. [read post]
8 Jun 2020, 3:50 am by Franklin C. McRoberts
The Last Will and Testament The estate plan in Steven’s Last Will and Testament was the polar opposite of the operating agreement, cutting out his wife and daughter, providing instead a life estate of Steven’s 19% LLC interest to his alleged mistress, Betsy, with a remainder to his alleged out-of-wedlock daughter, Tamara: To my loving partner, Betsy I. [read post]
25 Jan 2012, 7:48 am by Jeffrey W. Berkman, Esq.
  In fact, the New York Limited Liability Company Law (NY LLCL) requires that an LLC have an Operating Agreement, failing which the members of the LLC are subjected to an agreement that is essentially created from the provisions of the NY LLCL. [read post]