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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33409
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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We have a business partner that recently went insane, he

Customer Question

we have a business partner that recently went insane, he owns 20% but we will never get permits to open because he has had a slew of legal felony charges brought against him in about 3 days rangeing from brandishing a fire arm to duI, how can we get him out of his 20% we are an llc
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Virginia, he brandished a weapon at his neighbor two days ago, then today he showed up to his house with lipstick on and tried to break in, then he drove drunk to a friends house and tried to break in to get guns, the police just arrested him for a duI, not sure what other charges will be brought
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: is this legitamate
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: not sure
Submitted: 10 months ago.
Category: Business Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 10 months ago.
What can I do?
Expert:  Dwayne B. replied 10 months ago.

What type of business is it and how does his felony charges prevent you from getting the permits?

Does he have any felony convictions?

Does the paperwork which formed the company have any language in it about dissolving the LLC or about removing an owner/officer?

Customer: replied 10 months ago.
I can't talk about the buisness permits because I do not know if this is a private conversation or not and I don't want the answers being online. No convictions as of yet but still because of the nature of our buisness they even ask about arrests. The paperwork doesn't have anything except an agreement to revisit in 5 years, he is a silent partner but still owns 20% which will make doing buisness impossible
Expert:  Dwayne B. replied 10 months ago.

The answers are online but if you like, when we finish I can ask the moderators to close and "hide" the answers from anyone else's view.

Customer: replied 10 months ago.
It does not have anything except that he is a silent partner
Customer: replied 10 months ago.
I'm sorry but I do not trust that, just suffice to say that we would not be able to operate with an owner who owns 20% if he has arrests or convictions
Expert:  Dwayne B. replied 10 months ago.

Without that information and assuming that the paperwork doesn't say anything that would allow you just to remove him then your only alternative would be to file a lawsuit in the local court asking that the judge either dissolve the LLC or else that the judge "partition" the company and allow you to buy out the 20% owner.

Expert:  Dwayne B. replied 10 months ago.

It is similar to using a partition suit to divide real estate, just a little less involved.

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