Legal Question in Business Law in Maryland

Removal of partner from LLC

I manage an LLC that races horses. I have 12 participants in the LLC - we each have invested varying sums of money. Currently, we are in an all cash situation - we own no assets. One participant has become disruptive and I seek his removal from the LLC. Can I simply mail him a check for his portion of our cash and inform him he is no longer a part of the LLC?


Asked on 10/02/01, 12:45 pm

3 Answers from Attorneys

Jay Holland Joseph, Greenwald & Laake, P.A.

Re: Removal of partner from LLC

As manager of the LLC you may have broad discretion on managing the daily affairs of the LLC. However, expelling an investor may implicate other requirements under Maryland Corporate law and the LLC Act. The facts and circumstances, and the degree of the investment are very important.

Our law firm, Joseph, Greenwald & Laake, P.A., represents hundreds of small and medium size businesses in Maryland and Washington, D.C. We have also represented, and continue to represent, horse owners and trainers in Maryland. We would be happy to discuss this with you further. You can call me, Jay Holland, at 301-220-2200.

Disclaimer: The response to this e-mail does not constitute legal advice. You are advised to consult with an attorney in this state in regard to your legal issue or problem.

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Answered on 11/07/01, 10:24 am
Robert Beatson, II Law Offices of Robert Beatson, II

Re: Removal of partner from LLC

Proper development and analysis of the facts and circumstances surrounding the LLC activities, including the different levels of investment by the LLC members, is critical to resolving this legal matter under MD law. An experienced business attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 11-7-2001, 10:40 a.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.

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Answered on 11/07/01, 10:51 am
Robert Sher Wagshal and Sher

Re: Removal of partner from LLC

The answer to your question should be contained within the partnership agreement if it was propertly drafted in accordance with the Maryland statute. While the general partner/member has broad authority in making decisions on behalf of the LLC, there usually are provisions which spell out a member's rights to sell his/her interest, or the right of the LLC to buy out a member. If after reviewing your bylaws or partnership agreement, you still don't know how to proceed, I suggest you contact an experienced corporate/business attorney for further assistance.

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Answered on 11/07/01, 2:43 pm


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