i was added to an LLC in CA without my knowledge. i was also added to the lease on the building without my knowledge. how do i get off both of them?
3 Answers from Attorneys
That depends on how you were added without your knowledge, considering you would normally have has to sign documents to be added to an LLC or a lease. Without knowing how that happened without your knowledge it is hard to say what you need to do.
This is probably not as big a concern as you may think. Regards to the lease, unless you signed it, you will not be held liable under it. But if you know who the LL is, you are certainly free to tell them that you are not a party to their lease. Note that the LL will already be aware of this unless someone forged your name in which case you may want to talk to the police.
Regards to the LLC, just saying you are a member does not make it so. The names of members do not appear on every state record and in many states are not even necessary to set up the entity. Just listing you in the operating agreement that you obviously never signed will not make you a member either. In order for you to support the EIN you would have had to use your SS number and I guess you would know if you did that. And in order for you to be listed as signatory on the business bank account you would have had to sign the card and show your ID, which you would remember doing. Barring any other legal agreements such as an LLC interest transfer agreement or subscription agreement I cannot see how they would connect you.
So I am not so sure how they could actually legally show that you are connected to the business.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
By negotiation with the parties, or by filing and succeeding in a lawsuit claiming forgery.
If serious about hiring counsel to help in this, feel free to contact me. Iíll be happy to help fight and get the best outcome possible, using whatever defenses and facts there may be.
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