Clifford J. Lawrence’s Answers

Clifford J. Lawrence

Greenville Business Attorney.

Contributor Level 7
  1. Do I have to reregister my LLC from NJ to SC?

    Answered almost 4 years ago.

    1. Clifford J. Lawrence
    2. Michael Edward Atwater
    3. Alan James Brinkmeier
    3 lawyer answers

    You will need to apply for a certificate of authority from the South Carolina Secretary of State if your LLC in considered “transacting business” in South Carolina. Section 33-44-1003 of the South Carolina Limited Liability Company Act provides a list of activities that are not considered transacting business. The list includes the following (1) maintaining, defending, or settling an action or proceeding; (2) holding meetings of members or managers or carrying on other activity...

    1 person marked this answer as helpful

  2. I have just recently registered my LLC with S. Carolina. I now want to start companies under it. How do I go about doing this?

    Answered almost 4 years ago.

    1. Michael Edward Atwater
    2. Clifford J. Lawrence
    3. Steven J. Fromm
    4. Charles Alexander Naegele
    4 lawyer answers

    It sounds like you intend for the LLC you just created to act as a holding company for various other entities. One way to do this is for each other entity to be formed as an LLC with the holding company LLC being a member and manager, and likely the sole member and manager. This relationship will be documented in the articles of organization filed with the South Carolina Secretary of State and each LLC’s operating agreement. There may also be other contractual relationships between the LLCs...

  3. My partner, 45% ownership in our LLC started a competing business. Can I fire him for conflict of interest?

    Answered almost 4 years ago.

    1. Clifford J. Lawrence
    2. Michael Edward Atwater
    2 lawyer answers

    A careful review of your articles of organization, operating agreement and the facts are necessary to determine the proper course of action for you and the company. The South Carolina Limited Liability Company Act prohibits a member from competing against the company. See Section 33-44-409(b)(3). However, unless your operating agreement provides otherwise, you can't simply "fire" him. Removing a member for violating this Section requires going to court and getting a judicial determination...

  4. My HOA is violating the By-Laws. What can we do?

    Answered about 4 years ago.

    1. Clifford J. Lawrence
    1 lawyer answer

    Disputes involving homeowners and their associations can be time-consuming and expensive to resolve. As a threshold question you really have to decide whether or not it is worth your time and money to get involved in this dispute. If you really want to proceed you have two main options. First, you can seek to replace the board. You and your like-minded neighbors would nominate yourselves to be on the board. If you receive enough votes at the next annual meeting then you will be able to...