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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46137
Experience:  Attorney with 29 years of experience.
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I am a member of an LLC which will be disolved very soon. I

Customer Question

I am a member of an LLC which will be disolved very soon. I have been doing the bookkeeping for the LLC, and I would now like to charge for my services. I have not kept records of hours worked, and I had been doing the bookkeeping for 9 years.
Can I charge back over that amount of time at a guess as to how much time at a reasonable hourly rate?
Thank you. I very much look forward to your response.
Sincerely,
Bruce
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Good evening. I can understand how you feel entitled to some compensation and you probably are. The problem is that you cannot unilaterally determine that compensation. You will either need to get an agreement among the other members that you are due some compensation and the amount you are due or you will need to file a claim against the LLC for compensation. What you can't do is simply determine on your own what you think you are due and make a payment to yourself.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 4 years ago.
To clarify, I paid my own bookkeeper to do the books; she worked for a different company I owned. The LLC is obligated to pay for expenses needed to do the business it was intended to do, which was to buy and develope a 3 ac commercial lot. The development never occured, and we have decided to sell the land, disolve the LLC, and distribute assets (capital). I had no written agreement to charge for the bookkeeping, but that work was not part of my responsibility as a Member. Does that modify in any substantial way your earlier response?
Expert:  Richard replied 4 years ago.

I do believe that when you perform tasks that if you weren't to provide them you would have to pay to provide them, that you are entitled to compensation for those separate and apart from your membership interest. But, if you have been providing these services for 9 years without any payment and without asking for any payment, then if you were to simply now, upon dissolution and without consulting or seeking consent from the other members, take a lump sum of money to compensate yourself for the last 9 years...I believe you would be asking to be sued. If you have reasonable members, I think they would be receptive to some kind of compensation for the services you have provided. If they do not agree, I think you could bring a suit and very likely be awarded some compensation. But, with no agreement as to what you should be paid and a history of not taking anything and not saying anything, I think you want to be very careful about simply rewarding yourself unilaterally. You would be treading in dangerous waters.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 4 years ago.
Please, just one final thing: I would not "take" compensation. I would simply present an nvoice for the service, prior to closing on the land sale next week. I wonder if bringing suit for payment after the disolution of the LLC might be a futile exercise.
Thank you for your patience.
Expert:  Richard replied 4 years ago.

No problem. Happy to help. I think if you present an invoice and the other members approve it...rather than simply putting it on the closing statement...you should be fine. If you put it on the closing statement and all the members sign the closing statement, that would be fine too since they would be approving the closing statement and everything on it. I apologize for my wording..I did not intend to imply any negativity.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Legal
Satisfied Customers: 46137
Experience: Attorney with 29 years of experience.
Richard and 7 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thank you, XXXXX XXXXX been quite helpful. Have a good evening.
Expert:  Richard replied 4 years ago.
My pleasure. Good luck to you!

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