How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 34541
Experience:  12+ yrs. of legal experience.
Type Your Business Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

Can a LLC partner be considered a natural person

Resolved Question:

Can a LLC partner be considered a natural person
Submitted: 6 years ago.
Category: Business Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Not sure I understand your question....a partner is a person....can you provide some context?
Customer: replied 6 years ago.
A Board requirement of a natural person eliminates a corporation from sitting on the Board. Does that restriciton prevent a LLC partner from sitting on the Board
Expert:  P. Simmons replied 6 years ago.
No way that they would be excluded by that definition. A "partner" is a person. A partner is simply an interest holder in a partnership.

Perhaps the better way to look at it is "can the person swim in a lake"? (or pick your analogy). The point is a partner is a person like you or I.

Many years back the US Supreme Court granted Corporations "rights" of a person (allowing them to, among other things, exercise free speech right)...but they are still an entity and not a natural person.

On the other hand a partner is a person who just happens to have an interest in a particular business.

Certainly it would be possible to have a rule that limits a participation of a particular board to a member of an LLC if there is a reason....for example if there is a conflict of interest.

But if the only limitation is they must be a "natural person" then that would not prevent the partner from serving on the board.

Let me know if you have more questions
P. Simmons and other Business Law Specialists are ready to help you