Legal Question in Business Law in New York

I was the half owner of an llc, my partner dissolved the company without my knowledge or signature is that legal?


Asked on 2/15/11, 6:15 pm

3 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. It all depends on what your LLC operating agreement says or doens't say. All LLC documents need to be reviewed. 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 2/15/11, 9:45 pm
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

My colleague is correct. Much of the powers vested in members of a LLC are enumerated in the Operating Agreement. If an Operating Agreement does not exist or if it is silent on the point, then New York default rules would be applicable.

There could also be a claim of fraud, if your "partner" misstated or even misappropriated your acquiescence to the dissolution.

You should consult with an attorney admitted to practice in New York as soon as possible. Feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (at) TheLegalist (dot) com

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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.

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Answered on 2/16/11, 9:21 am
Steven Czik CZIK LAW PLLC

Much would depend on the Operating agreement and the possibility of fraud as mentioned by Mr. Fichman. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 2/16/11, 1:08 pm


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