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I am covered under an LLC operating agreement with a

noncompete clause. I have been...
I am covered under an LLC operating agreement with a noncompete clause. I have been told in an email (by the managing partner) that I am no longer a member due to a freeze-out merger but I have not seen or received any written confirmation. Is the noncompete still in force until I confirm this in writing? Or can I assume it is not in force from the verbal statement? I do not know when I will receive written confirmation and I have a potential contact tomorrow.
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6/7/2017
Ely
Ely, Attorney
Category: Business Law
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site.

I am sorry to hear about this situation. Until/unless you receive a written notice, any verbal notice is simply not controlling. Therefore, it would be prudent to assume that there is no freeze out until correspondence stating so is sent. And therefore, whatever effect such a freeze out would have on the NC is not present until/unless such a correspondence is sent.

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Ely
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Category: Business Law
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Customer reply replied 1 year ago
Sorry, this was in an email. But I do not have any confirmation other than the statement that I am no longer a member. I have received no other notice. Is that statement sufficient? They will not answer my questions.

I see. If the partnership agreement allows notification via email, then yes. If the partnership agreement is silent on method of communication, then (arguably) yes, but this is subjective, then.

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