Legal Question in Business Law in Kentucky

First, let me disclaim that I providing you information solely from a business organization law perspective. Certainly, with more details, other options might be available too.

If your business is a valid "LLC," which your subject heading seems to indicate, then it would really depend upon what is said in the "Articles of Organization" and, if created, the "Operating Agreement." Typically, one will find in practice that "Members" in an LLC are often given far less rights when it comes to dissolving the business than other commonly used business forms. That is because, unlike many of those other common forms, in order to create an LLC, one has to make a filing with the State, which typically forces people to think and plan for these type situations where they otherwise may not. Usually, an LLC only dissolves upon: (1) the expiration of any period of duration stated in the articles, (2) the consent of all members, (3) the resignation of a member unless the remaining members vote to continue the business, or (4) by judicial decree or administrative order. So, hypothetically, if you are the only other member of the LLC, there is no Operating Agreement, and the Articles of Organization are silent on the dissolution of the business, which they typically are not, then what you could likely be looking at is a situation where you would have to buy him out in order to continue the LLC in its current state. Again, with more details, more options may certainly be available to you. If you do not have a copy of your Articles of Organization, check with the Secretary of State's office.