Skip to main content

I am in business with my brother. I am having a problem with his wife doing our bookwork, he wont tell her to get out

North Olmsted, OH |

I have told my brother that I won't to hire a cpa but I don't think he will tell his wife. What can I do? Our business is an llc with no operating agreement

+ Read More

Attorney answers 1


This is why an LC needs a written Operating Agreement. But in the absence of that, I'm guessing OH corporate law makes this LLC operate like a partnership, and if OH is like CA, then when 2 people co-own a business, each gets 50% and it's not at all uncommon for 2 people to disagree and there's no one to break a tie like the one you're experiencing.

If this isn't the only thing you don't agree about, then what you and your brothercan do is go see a business lawyer who can represent the LLC and create an Operating Agreement that's got a mechanism to break ties or your business will keep getting bogged down in 50-50 disputes like this one.

And maybe it's time to re-think going into business with your brother. You need to ask your LLC business lawyer about buyout provisions.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.