Llc Partner Theft Options

Summary

If an llc partner is suspected of theft, review the operating agreement and document the issue. In oklahoma, state laws apply if no agreement exists. Consider mediation or legal counsel. If the llc is under your name, you may have more control. Filing as a partnership for tax purposes doesnt equate to a legal partnership. Consult a lawyer for tailored advice.

Full Conversation

I have a partner in my LLC who is stealing from the company. Can I change locks and passwords in him?
Hey ****! It sounds like you're dealing with a serious situation. Here are some points you might consider:
- Review your LLC Operating Agreement to check for any clauses regarding management and control.
- Typically, you have the right to secure company assets, especially if you suspect theft.
- Document everything and consider consulting a lawyer for legal advice.
Is this partner also an owner, or do they have a particular role in the LLC?
They are an owner
Hey ****! It sounds like you're in a tough spot. Since your partner is also an owner, things can get a bit complex. Here are some steps you might consider:
- Check the LLC Operating Agreement for any clauses on handling disputes or theft.
- You might need a formal resolution or agreement among members to change locks/passwords.
- Consider seeking legal advice to explore your options.
Do you have any other questions, or would you like help finding a local lawyer?
We are only filed as a partnership for tax, we never signed an agreement
Case Rating: *
Hey ****, it sounds like a complex situation without a formal agreement. Here are some general steps you might consider:
- Without an operating agreement, default state laws apply. In Texas, partners have equal rights in management.
- Consider documenting the theft and discussing the issue with your partner.
Would you like more information on finding a local lawyer, or do you have any other questions?
I’m in Oklahoma
Thank you for letting me know you are in Oklahoma. Here is some general information:
- In Oklahoma, if there's no operating agreement, state laws provide equal rights to all partners.
- Document any wrongdoing carefully.
- Consider mediation or legal counsel to address the issue.
If you want further assistance or legal representation, I can help you connect with local lawyers. Would you like that?
If there are * partners can * kick him out
Case Rating: *
In Texas, without an operating agreement, general partnership rules usually apply. Typically, a majority vote can resolve issues, including removing a partner, but specific actions might require unanimous consent. It's advisable to consult a lawyer to understand your rights and obligations.
Would you like more information on finding a local lawyer, or do you have any other questions?
If the llc is under just my name do I have any more options
Case Rating: *
Hey ****! If the LLC is under just your name, you generally have more control over decision-making. However, since other partners are involved, it's important to adhere to any applicable laws or agreements. Consider consulting a lawyer for tailored advice. Do you have any other questions?
Is filing as a partnership and being one different
Case Rating: *
Hey ****! Filing as a partnership for tax purposes doesn't necessarily mean you are a partnership legally. Legal partnerships involve agreements and shared responsibilities. Since your situation is complex, especially with the LLC and ownership involved, consulting a lawyer might be beneficial. Do you have more questions or need specific guidance?