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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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2 people start an llc. They begin to have business

Customer Question

2 people start an llc. They begin to have business operational differences and one wants the other out. Can someone just push the other person out and force to sell
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, the answer is generally 'no', a person cannot be pushed out. I say 'generally' because what truly governs are your articles of operation and incorporation. Some have 'buyout' clauses or conditions under which one or more of the partners or shareholders can exercise control over the shares and control over an another partner and shareholder. But if such language does not exist, and there are two members who both have equal ownership, neither can push the other out.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
it is a 60/40 split
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Even so my answer would not change. While either partner may push for a legal accounting and sale, neither can simply lock out and throw out the other party from the business. That is because this is ultimately a business that is still owned by both, and both are entitled to enjoy the profits and use the business entity unless such use violates the articles of operation (which I suspect were never created).

Sincerely,

Dimitry, Esq.