Legal Question in Business Law in Virginia

My business leases a commercial space (an office) in Richmond, VA. We recently had a dispute with a member of our LLC which prompted the dissolution of the company. Since then, that Member has left and we formed a new LLC. Prior to his departure he instructed our leasing company to remove his name from our lease (the lease was drawn to all individuals, not to to the LLC - something we now have changed). He is no longer on the lease but did leave behind some property. I have two questions. 1 - if he has written any of the items off on his taxes as additions to/given to the business, does he have a right to reclaim this property from the business? and 2 - for the items that are not needed by the business to operate (the couch), if he chooses to abandon this, are we permitted at this point to dispose of this property?

Asked on 1/06/14, 7:51 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Answ. #1. I would say that what this gentleman may have claimed (or not)

on his taxes is none of your business nor that of your reconstituted LLC.

Answ. #2. I would further advise that before you think about considering this property as abandoned and thereby laying claim to its ownership and

the right to dispose of it as you see fit, you should give proper written notice to its owner to come by and pick it up by a date certain (probably,

3-6 months--unless unusual hardship requires a longer time).

Answered on 1/06/14, 8:33 am

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