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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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My brother is the manager of a Missouri LLC whose members are

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My brother is the manager of a Missouri LLC whose members are myself, my brother and our parents. I became a member of the LLC by signing an unattached signature page, relying on my brother's representation that the LLC's terms were identical to a preceding Nebraska general partnership agreement, the only differences being the state (MO not NE) the name (M&M to SW) and the type of organization (LLC rather than GP). I later informally requested a copy of the LLC agreement that I had yet to see, but the signature page that my brother provided was not the same one I had signed, instead containing my name in someone else's handwriting. I believe that he provided this altered signature page in the hope I would attempt to use it in court, at which point he would produce the unaltered original. Is there any way, SHORT OF SUING, that I can force him to: XXXXX XXXXX true copy, OR ratify his altered copy (which benefits me)? A copy he provided of the GP also has obviously altered critical terms.
Submitted: 7 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

About the only means, short of suing, is to get other LLC members to send a group letter to your brother (who I assume is the CEO of the entity) and have him provide ALL agreements to all other members of the LLC. In the process you will receive your own, and it will be done without resorting to court action (as he cannot deny ALL members their paperwork).

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/2/2010 at 10:50 PM EST
Customer: replied 7 years ago.
There is a provision for document inspection (not copying) by me or my representative at the place of business (my brother's house) in both the LLC and the preceding GP agreements. If I request that he make notarized copies of the agreements he sends me, can he refuse? If I hire a questioned document examiner as my representative, and he concludes that the copies provided in person by my brother and the altered copies he sent me are the same, would that be enough to ratify the altered copies (which would be to my advantage)?
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your follow-up.

Yes, he can refuse, although that would be in violation of his fiduciary duty owed to the company. Yes, if you get a formal signature appraiser who concludes that the signatures are valid, then the signatures would be deemed valid (since, really, the only party to contest the signature would be you as the signor).

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/2/2010 at 11:05 PM EST
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