Legal Question in Business Law in New York

Removal of partner - LLC

I am a member of a 3 person LLC (service oriented). Each have equal shares and distinct responsibilities. Two of us members want to remove the third because of hardship our company is facing because of the lack of production and outside influences relating to the 3rd member. Our OP Agreement is boilerplate, our buy sell is also boiler plate. All parties investment is equal. Our company value is next to zero, however, we do have a nice client base with a reduction of about 20% per year. Our assets are depreciated and we have sizable debt. The question realy is, is it as simple as majority vote this member out?


Asked on 11/16/01, 9:55 am

1 Answer from Attorneys

Thomas Luz Pearce & Luz LLP

Re: Removal of partner - LLC

Maybe. The LLC Law is silent as to the removal of members, but states that the LLC dissolves upon the expulsion of a member. So how you accomplish your goal depends on the operating agreement.

Tom Luz

Pearce & Luz LLP

212 986 7714

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Answered on 11/16/01, 11:43 am


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