Legal Question in Business Law in Oklahoma
limited liability company
Iam a partner in a LLC.my partner has died..do I have to dissolve the LLC or can I continue to do business under the LLC with a new partner..if I have to do a dissolution of partnership can I do it with a form I can get over the internet....I have gas royalties coming into this LLC..and would like to continue without having new division orders drawn up and my new partner would be a relative in which we would have another new business ..thus saving me the cost of forming another LLC........thank you
2 Answers from Attorneys
Re: limited liability company
You are going to have to look to the Operating Agreement that governs your LLC. It is not like a general partnership where the death of a partner forces dissolution.
Re: limited liability company
What occurs upon the death of a member of an LLC is usually set out in your organizational documents. It could mean a dissolution or it could mean that the executor/heir will receive rights of an assignee to share in distributions but not participate in the LLC. The issue of division orders will depend on the above.
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