Llc Ownership And Separation

Summary

Without a formal partnership agreement, the individual likely lacks ownership claims. As the sole LLC owner, you can remove him from the bank account. Unauthorized withdrawals post-employment may be considered theft. For separation, start with a written settlement offer. If unresolved, consider legal action. A written settlement offer provides a clear record. Consult a local attorney for personalized advice.

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My Questions: *. Since all income is paid to ME personally (my SSN/NPI), does he have ANY ownership claim even if he could argue “implied partnership”? *. Can I legally remove him from the bank account or move funds to protect my personal income? *. Is taking money after stopping work (Sept *) potentially criminal (theft/embezzlement)? *. What’s the best way to force separation - settlement offer, civil lawsuit, injunction? *. Should settlement offer be in writing or in-person meeting?
Hey ****! Those are some important questions. To better assist you, could you tell me more about your relationship with this person? Are you in a business partnership or something else?
No, we are NOT in a business partnership. Here’s the relationship: Legal Structure: • I am the sole legal owner of the LLC (formation documents show only me) • There is NO written partnership agreement • There is NO operating agreement naming him as member/partner • He is not listed on any business registration documents His Role: • He provided a $*,* loan in November * (he expected repayment when Medicaid payments came in) • He performed work (RBT services + admin) from November * through September *, * • He was given access to the bank account to help with operations • He paid himself informally through withdrawals (no formal payroll until one month in September)
****, thanks for the details. Here's some general legal information for your questions:
*. Ownership Claim: Without evidence of a formal or implied partnership, he likely doesn't have an ownership claim. However, he might argue for compensation for his contributions.
*. Bank Account Access: As the sole owner, you can remove him from the account. Consult with your bank for the process.
*. Taking Money Post-Work: Unauthorized withdrawals after ceasing work could be seen as theft or embezzlement. Document any instances and seek legal advice.
*. Separation Methods: Consider starting with a written settlement offer. If unresolved, consult a lawyer about a civil lawsuit or injunction.
*. Settlement Offer Format: A written offer is advisable as it provides a clear record.
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