Legal Question in Business Law in Maryland
Formal resignation
Me and 2 other friends started an LLC. After a year one of my friends handed me a signed resignation letter. The operational agreement called for resignation by certified letters to all other owners. After a few months he now says that he legally is still in the company? Is this true?
1 Answer from Attorneys
Re: Formal resignation
If you want him out of the company, which I presume from the way you worded the question, you could argue that personally delivering the resignation letter is the functional equivalent of sending it by certified mail. The purpose of requiring certification is to verify delivery to the recipient, which is accomplished by personal delivery as well. If your friend has conducted himself as if he's out of the business since handing over the letter, that strengthens your position.
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