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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118780
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Good morning, I have a small business company with my husband

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Good morning,

I have a small business company with my husband as LLC partnership. We don't have any contract in writing what are his responibilites and what is mine.

I would like to ask if my husband can hire or do anything in the company without consulting me.

Please let me know.

Best Regards,
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If there is no written operating agreement, then both members of the LLC are presumed to have equal authority to hire, fire, conduct daily business of the LLC. Thus, the presumption is in your case, since you have no written operating agreement, that either you or your husband can hire or conduct daily affairs in the best interests of the LLC.

If you want more involvement, I am afraid (especially since this is your husband and not just another regular member) you will have to call a meeting of the LLC (sit down and talk to him) and you will either have to come to an agreement to work together which you will reduce to writing as a Membership Operating Agreement or because this is also a marriage I am afraid you would have to be more creative, since a normal LLC if the members cannot agree then one member can be bought out and walk away. In your LLC with your husband, you really cannot walk away and the LLC is marital property so there is really nothing much to be bought out.

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