Legal Question in Business Law in Texas

As a partner in a limited liability company, am I liable for returned checks written on the company account?


Asked on 6/15/10, 5:00 pm

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will say more facts are needed. Why are you a partner and not a member? Does the operating agreement of the LLC say partners of the entity are liable? Probably not, that's why LLC's are set up - to avoid personal liability. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/16/10, 6:36 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, there are many additional facts specific to your situation that need to be addressed prior to a simple yes or no. Most importantly, what does the operating agreement for the LLC state? You should discuss your options with a law firm to ensure that you are fully protecting your interests and rights. If my law firm can assist you with this legal matter or any other legal issue, contact us at (281) 994-4034.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 6/16/10, 6:50 am


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