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P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 33073
Experience:  12+ yrs. of legal experience.
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Can a LLC partner be considered a natural person

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Can a LLC partner be considered a natural person
Submitted: 6 years ago.
Category: Business Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Not sure I understand your question....a partner is a person....can you provide some context?
Customer: replied 6 years ago.
A Board requirement of a natural person eliminates a corporation from sitting on the Board. Does that restriciton prevent a LLC partner from sitting on the Board
Expert:  P. Simmons replied 6 years ago.
No way...no way that they would be excluded by that definition. A "partner" is a person. A partner is simply an interest holder in a partnership.

Perhaps the better way to look at it is "can the person swim in a lake"? (or pick your analogy). The point is a partner is a person like you or I.

Many years back the US Supreme Court granted Corporations "rights" of a person (allowing them to, among other things, exercise free speech right)...but they are still an entity and not a natural person.

On the other hand a partner is a person who just happens to have an interest in a particular business.

Certainly it would be possible to have a rule that limits a participation of a particular board to a member of an LLC if there is a reason....for example if there is a conflict of interest.

But if the only limitation is they must be a "natural person" then that would not prevent the partner from serving on the board.


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