QUESTION

Is this legal: partner trying to push me out

Asked on Mar 12th, 2021 on Business Law - Georgia
More details to this question:
We formed an LLC and signed and notarized articles of incorporation but my partner ripped it and we don’t have an operating agreement. Now my partner is claiming we are not partners and won’t give me a buy out. Do I have a case against my partner?
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1 ANSWER

Business Law Attorney serving Chicago, IL at T. J. Jesky
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Just because your partner ripped up the Operating Agreement, it doesn't mean that there is no Operating Agreement.  Ripping up a Will is a different story. It seems that this so-called partner, is not a very good partner.  I have the feeling that you did not keep a copy of this Operating Agreement, nor did anyone else.  Do you remember who prepared the Operating Agreement, if so, they may have a copy. When you entered into this LLC did you fund it with a check.  Can you find a copy of that check? Generally, LLC's need to be registered with the Secretary of State.  In this registration, it should list, who are the partners.  Check on-line with the State filings to make sure your name appears. Did you receive any distributions or payments from this LLC? The more resources you have to show ownership, the stronger your case to extract money from this dishonest partner.          
Answered on Mar 13th, 2021 at 3:45 PM

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