Legal Question in Business Law in Illinois

LLC member voting rights

We have just formed a 3-member LLC with equal % each.Unfortunately, things are not going well as planned.There is this one member whom we would like to vote off. How do we proceed? Thanks!


Asked on 10/22/07, 9:39 pm

1 Answer from Attorneys

David K. Staub Staub Anderson LLC

Re: LLC member voting rights

Do you have an operating agreement that spells out the rights to expel a member? If not, then you have a long road ahead.

The Illinois Limited Liability Act spells out the events under which a member of an LLC is "dissociated". See Section 35-45. You may be able to fit in one of the categories other than "expulsion pursuant to the operating agreement" but you will need the advice of a good business attorney and some favorable facts.

Another choice is to dissolve the LLC and form a new entity, but that too is complicated and has its own problems.

You really need to talk to an attorney.

David K. Staub, an Illinois business attorney

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Answered on 10/22/07, 10:54 pm


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