Brunswick, OH asked in Business Formation, Business Law and Contracts for Ohio

Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak

1 Lawyer Answer
Neil Klingshirn
Neil Klingshirn
Answered
  • Independence, OH
  • Licensed in Ohio

A: First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend.

In addition, you should agree now on how to exit the business when the time comes and build the exit plan into the Operating Agreement. Unlike a marriage, most businesses do not lasts until your deaths. You will almost certainly want to part company before that. However, also unlike marriage, there is no divorce code for businesses, so you should address how to split up at the time of your formation.

Finally, make sure you understand the consequences of your respective ownership shares and are willing to accept it. Unless you are 50/50 owners, which presents its own challenges, one of you will be the minority owner. My stock advice to clients is to avoid minority ownership. There are better alternatives.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.