Legal Question in Business Law in California
LLC partenr's rights
Our LLC company owns a property. My wife and me own 50% of share and other couple own 50%. We are disagreed on rental rate and if the property should be rent as one whole unit or seperately to different people. In this case, how a decision can be made. Could you please help to answer my questions.
Many Thanks
Gabriel
2 Answers from Attorneys
Re: LLC partenr's rights
You either resolve it among yourselves, referring to the bylaws for the procedural rules on disputes, or you end up in litigation. Bringing in a 'neutral' mediator is an option if it is worth it to you. Feel free to contact me if serious about doing so.
Re: LLC partenr's rights
What should happen: You should be able to refer to your LLC Operating Agreement and it should have some instructions about how disagreements are handled. If your Operating Agreement does not fulfill this purpose: (1) When people can't agree on the "thing" (in this case the rental rate), they can sometimes agree on a PROCESS for resolving the dispute (e.g. we both get a real estate professional to submit an estimate of a reasonable rental rate and use the average). (2) Now that you know the document has some gaps, this is a great time to review it and make some revisions. Partnership Agreements, Corporate Bylaws and LLC Operating Agreements not only set forth the rules for management of a business entity, they act as relationship insurance to the people involved, who often start the business together because they are family members and friends.
Related Questions & Answers
-
Business License Do I need a business license to set up some candy machines... Asked 7/19/09, 3:10 am in United States California Business Law
-
Business Can a member of a LLC be terminated? Asked 7/17/09, 11:01 pm in United States California Business Law
-
Missed apointment fee Is it legal for me as business owner to charge a missed... Asked 7/17/09, 7:28 pm in United States California Business Law