Legal Question in Business Law in Colorado

I have a LLC that was established in December. It only has 2 members , myself and my partner. Can one member remove the other without consent?


Asked on 8/12/11, 11:39 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the answer is usually no. Just like a corporation can't arbitrarily remove shareholders. Review your LLC's operating agreement and consult with a good business or franchise attorney in your area for specific advice.

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

Franchise Foundations, a Professional Corporation

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Answered on 8/12/11, 11:52 am
Robert Murillo Pivotal Legal Ltd.

One member cannot remove another unless there is an agreement allowing such removal under the operating agreement terms (these should be in writing).

Contact a local business attorney to draft a written operating agreement to set the terms of your business. Having a good agreement is critical.

This answer is for informational purposes only and is not legal advice regarding your question. This answer does not establish an attorney-client relationship.

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Answered on 8/14/11, 6:28 am


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