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Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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If a person owns a small business and has a LLC. In that LLc

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If a person owns a small business and has a LLC. In that LLc she names her husband as secretary- she gets into a tax mess and decides she is " just shutting the doors". Does he have responsibility for this business? There is a tax lien against the business and a bank loan he consigned for? They are beginning divorce proceedings.
Thank you for using JustAnswer. I am Loren and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Typically, an officer would not have personal liability just by being an officer of the LLC. In order for a claim to be asserted against he officer it would need to be shown that there was some sort of misconduct or breach on the officer's part.

It is my privilege to assist you.  Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Since this forum is no substitute for your own legal counsel, be sure to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.

I am happy to answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. 

Thank you.

Loren and 3 other Business Law Specialists are ready to help you
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Customer: replied 3 years ago.
Your welcome. One more question. If she shuts the doors & the lien is against his house, can he reopen the business?
Thank you for following up with me.

No, the secretary can not reopen the terminated LLC on their own initiative.

Thank you.

Loren and 3 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
If they are married and there is a loan on the business where their house was used as collateral- can he reopen the shop?
No. Neither the loan nor the marriage would grant that right. The owner/manager of the LLC should put in writing to the secretary that they are terminated from their position.

Thank you.

Loren and 3 other Business Law Specialists are ready to help you

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