Legal Question in Business Law in California

Part owner of an LLC want to quit and open a competitive business

I currently own a small percentage of an LLC that I work at as a manager. I have had a falling out with the business and wish to quit to open my own business in the same field. I did not sign a non-compete clause. Can I start my own business in the same field?


Asked on 6/22/09, 6:31 pm

3 Answers from Attorneys

Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: Part owner of an LLC want to quit and open a competitive business

Probably you can't compete in the same field and geographic area without risking adverse action. Under AZ law even a small percentage owner owes a duty of loyalty to the other members of the LLC. It would be a better idea to do a buyout, to offer to be bought out, or to forfeit your ownership interest if it is really that small. CA attorney should furnish details.

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Answered on 6/23/09, 10:13 pm
Terry A. Nelson Nelson & Lawless

Re: Part owner of an LLC want to quit and open a competitive business

As long as you don't violate the general 'unfair competition' rules, like stealing customers or using their confidential info. You should consult with counsel for specific info and legal advise which can not be given here, and for help in establishing your own corporation or LLC. If you are in SoCal, and serious about doing so, feel free to contact me.

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Answered on 6/22/09, 6:58 pm

Re: Part owner of an LLC want to quit and open a competitive business

You have the right to set up your own business. The fact that you did not sign a non-compete agreement, however, does not get you completely out of difficulty.

There are potential problems that can still arise when setting up a business in competition with your former employer. You really should have a consultation with an attorney to discuss your options.

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

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Answered on 6/22/09, 6:59 pm


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