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23 Feb 2012, 7:00 am by Idaho Estate Planning
After all, Freeman had just under-capitalized the LLC, and did so by distributing funds to himself only to turn around and help pay legal fees for the LLC. [read post]
17 Mar 2023, 6:03 am by zola.support.team
For instance, you may want to take on more partners at some point. [read post]
8 Apr 2019, 3:48 am by Peter Mahler
 The petitioners in turn executed a second agreement stating that “no action has been taken actually effecting the dissolution” of the LLC and further that they “retract” their prior agreement. [read post]
1 Jan 2014, 4:12 pm by Richard Burt
In fact, if an entity dissolves and distributes its LLC interest to its owners, that would have the same outcome as if John had died. [read post]
2 Mar 2020, 3:48 am by Peter Mahler
At no point in the arbitration or court proceedings did Klein allege or disclose that he had entered into an agreement with anyone else transferring or encumbering his prospective membership interest in the LLC. [read post]
12 Jun 2023, 2:27 am by Peter J. Sluka
Derivative Claims, SLCs Finally, the Panel drew on the Point / Counterpoint pair of articles by Donald J. [read post]
18 Jan 2018, 9:17 am by IncNow
To turn a big pocket into little pockets, the touring company could set up many separate LLCs so each venue’s revenue would be in its own LLC “box”. [read post]
13 Jul 2020, 4:51 am by Peter Mahler
Even though the plaintiffs were not claiming any membership interest in the LLC, the LLC’s defense of the claim turned on the alleged membership in the LLC of a certain non-party named Hershel Herbst who in 2012 allegedly entered into an agreement with the LLC referred to as a “Declaration,” stating that he was a member and manager, and that no transfers of the company’s property could be made without his consent. [read post]
20 Nov 2019, 4:00 pm by A. Robert Quirk, Muhammad U. Faridi
  The Court pointed to Delaware Department of State Certifications showing that the Fund and Management had been cancelled in November 2017 and remained cancelled as of March 2019—which was after the date that Hopkins claimed to have revived the LLCs. [read post]
22 Feb 2016, 7:28 pm by Michael Smith
  Although Lester had no right to receive distributions from the company, he was entitled to compensation for his services as manager and, like the other members, he held rights to buy the interests of other members in certain circumstances. [read post]
21 Oct 2019, 12:14 am by Peter Mahler
District Court, the court in Roskind cited Polak in holding that “the real dispute in this case is between [the two LLC members] over the dissolution and distribution of the assets of [the LLC]. [read post]
3 Feb 2014, 3:51 am by Peter Mahler
Nor did the opinion cite any case law on the point, from New York or elsewhere, that might have given it away. [read post]
21 Mar 2016, 3:28 am by Peter Mahler
As it turned out, the dismissal of the dissolution claim probably was a blessing in disguise for Bonanni. [read post]
26 Aug 2019, 3:44 am by Peter Mahler
It’s also a question the answer to which turns on an endless array of case-specific facts and circumstances, which may be why I haven’t seen any New York case law purporting to establish a uniform test for establishing one’s undocumented membership in an LLC. [read post]
1 Apr 2013, 3:34 am by Peter Mahler
The defendant Cohen countered that a buy-out remedy was inconsistent with the LLC agreement’s express provision for distribution of assets upon dissolution. [read post]
26 Oct 2018, 8:06 am by Charles B. Jimerson, Esq.
 In analyzing the aggrieved member’s rights against these rogue members, practitioners must first turn to the LLC operating agreement before utilizing Fla. [read post]
26 Oct 2018, 8:06 am by Charles B. Jimerson, Esq.
 In analyzing the aggrieved member’s rights against these rogue members, practitioners must first turn to the LLC operating agreement before utilizing Fla. [read post]
15 Feb 2012, 3:00 am by Kyle Krull
After all, Freeman had just under-capitalized the LLC, and did so by distributing funds to himself only to turn around and help pay legal fees for the LLC. [read post]