Legal Question in Business Law in New York

As a Franchise Attorney I can say this. It all depends on what your LLC operating agreement says or doens't say. All LLC documents need to be reviewed. 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

My colleague is correct. Much of the powers vested in members of a LLC are enumerated in the Operating Agreement. If an Operating Agreement does not exist or if it is silent on the point, then New York default rules would be applicable.

There could also be a claim of fraud, if your "partner" misstated or even misappropriated your acquiescence to the dissolution.

You should consult with an attorney admitted to practice in New York as soon as possible. Feel free to contact my office at your earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.

Much would depend on the Operating agreement and the possibility of fraud as mentioned by Mr. Fichman. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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