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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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I have a mental health practice that I formed with my

Customer Question

I have a mental health practice that I formed with my husband under an LLC. My husband runs the business aspect and I run the delivery of services side of the business. We are getting ready to hire an employee and my husband has crafted an offer of employment which he will require the employee to sign. He designated me as the "director of clinical services" in the letter and at the end designates himself as owner. We are co-owners and I am concerned that it may be setting a precedent of sole ownership by these designations.
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Are you and your husband both listed with the state as managing members of the LLC?

Customer: replied 1 year ago.
I am listed on the LLC Secretary of State documentation. My husband filed for the EIN. I am clinical psychologist if that is relevant
Customer: replied 1 year ago.
We were told by our attorney early on that it couldn't be a partnership or co-ownership because it falls under a medical practice and as such something having to do w fee splitting which didn't make sense to us. I think my husband is trying to establish ownership. Our relationship is tenuous and I'm not sure that his motives are pure
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

While I cannot comment on your specific situation, generally, as long as each person / owner is listed as a member of the LLC, simply giving each member a designation in the company would not change the member's status related to LLC ownership and also, as long as both members have equal shares of the LLC, their both interest as owners would be protected.

However, if you suspect that your husband might not be honest with you or that your husband is trying somehow sabotage your ownership interest, it would make perfect sense to consult with an independent local business law attorney, who can review current stated with the Secretary of State and also can review the entire situation to make sure that your ownership and legal rights are fully protected in this situation.

You can find an experienced and skilled local business law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to business law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter will be heard.
I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.

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