Legal Question in Business Law in Massachusetts
my husband was part owner in an llc. after five years, the partnership was not working out and they decided to dissolve the llc. the other partner who owned a greater percentage did so without any compensation to my husband. is this legal? should not he have had to buy my husband out?
3 Answers from Attorneys
A buy out is one way to end this unfortunate relationship. You should discuss your legal options with an attorney.
As a Franchise Attorney I agree with the other attorney. It depends on what the operating agreement of the LLC says, among other factors. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
There are several possible meanings to the phrase "not working out." Do you mean, not working out financially? Or do you mean, they stopped getting along as partners? In the former case, there's not much to be done. If the LLC had no money, or assets, then there's nothing for your husband TO get - unless your husband alleges that his former partner screwed up managing the LLc.
In the latter case, your husband needs a lawyer. The laws of intra-corporate disputes are complex and arcane. I note that it is your husband who needs a lawyer, and not you, because communications between your husband and his lawyer, would be legally privileged. And while your husband's conversations with you are protected by a different privilege, unless there is a relationship between you and the attorney, your participation in a lawyer client communication could destroy privilege, as to what the lawyer said.
I have experience handling corporate matters, and I would be more than happy to discuss these issues with your husband. I do not charge for a telephone consultation, and make being straightforward with clients a point of pride. The best way to reach me is by email to: [email protected]
However, you can also telephone me at: 617-230-2779
Good luck!
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