Can a partner file the LLC paperwork without the other partners signature?

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Can a partner file the LLC paperwork without the other partners signature?

My partner started the LLC without my signature and when I looked over the paperwork, he gave himself biggest ownership, which I don’t agree to. Can this be fixed? I run the business, the clients and do all the work. My partners involvement is less than 5%. I want to take the business for myself because it’s not working out. Can this be done?

Asked on April 24, 2012 under Business Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What you have written about can be done by the other person who has a membership interest in the limited liability company that you are writing about. Just because what was done does not make it right or proper.

I suggest that you have a face to face meeting with the other member of the entity you are writing about as to what was done to try and resolve the problem. If the meeting does not resolve the problem, you need to consult with a business attorney as to the best way to resolve the dispute. Hopefully you have not transferred title of any assets such as land into this limited liability company.

I would also get a copy of all membership certificates, the filed application with your state's secretary of state to create this entity, and the operating agreement for it assuming there is one to review and provide the attorney you should be consulting with.

 


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