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lwpat, Attorney
Category: Business Law
Satisfied Customers: 25387
Experience:  Attorney with over 35 years of business experience.
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When creating an LLC do the partners have the ability to choose

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When creating an LLC do the partners have the ability to choose to structure with a bonus system? Another words can they choose to do so or not do so based on their personal preference?
I am not sure what you are asking? What is it that you are trying to accomplish?
Customer: replied 7 years ago.
I am in a legal situation where an individual has created an LLC to avoid paying alimony from a bonus as he has previously. He is saying that he could not make bonuses an option in his LLC. He is one of two founding partners and he co-authored the Operating Agreement. Is he legally prohibited from having bonuses or is that a choice they made when creating the LLC?
Hope this helps.
It is a choice that they made when they set up the operating agreement. You can always pay bonuses. He is required to pay the alimony as directed in the court order. If it says that additional payments are to be made from bonuses, you can file a contempt of court action and subpoena the records of the company.
Customer: replied 7 years ago.
Thank you. So he could have kept the bonus option. Correct? He stopped the alimony payment to me saying he did not have the ability to have a bonus in the new LLC and that was not true.
Am I understanding you correctly?
That is correct. The only reason he does not have the ability is because he wrote the agreement that way to avoid the alimony.
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