Legal Question in Business Law in California

If a person is having problems with another owner of an LLC, what is the best way to have him removed? There are only 2 members and the other member is driving away customers, and mismanaging funds. What can I do quickly


Asked on 11/04/10, 4:40 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

The company bylaws and policies determine and dictate how you may do so. Read them. Your last resort if he doesn't cooperate is to file suit to either remove him, or for an accounting, partition and distribution of assets while closing the company. If serious about getting the legal help you'll need, feel free to contact me.

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Answered on 11/09/10, 5:19 pm
James Bame San Diego Law Office

You likely will need to dissolve the company. Contact me directly.

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Answered on 11/10/10, 3:59 pm
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney, I can say you need to consult the LLC's operating agreement, not bylaws. Bylaws are used for corporations, not LLC's. And the operating agreement may not provide a solution. Consult with a good business or franchise attorney in your area for a review of your facts and circumstances as well as for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/10/10, 6:34 pm


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