Can I buy an existing LLC?
New York, NY
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Posted about 1 month ago in Limited Liability Company (LLC)
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Can I buy an LLC that is currently owned by one manager and one member?
My accountant said that if I buy or buy into this LLC, it would dissolve the LLC. Is this true? - Is this your question? Add additional information Answers (3)Steven Alan Fink
This attorney is licensed in California.
Posted about 1 month ago.
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Unless NY law is very different than CA and every other state, your purchase of an LLC would not dissolve it unless its Operating Agreement provided for dissolution (highly unlikely.
As I am not licensed in NY you should consult with a NY attorney to be certain. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Nancy Baum Delain
This attorney is licensed in New York.
Posted about 1 month ago.
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No, it is NOT true that purchasing any shares or full ownership of an LLC would dissolve the LLC unless there is something in the LLC's operating agreement that requires dissolution of the entity upon a change of ownership, and there are precious few LLCs that have that provision in their operating agreements.
Check the LLC's operating agreement before plunking down your money, but be very surprised if there is a provision in that document that requires dissolution upon change of ownership interests. THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
Kaiser Wahab
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