Q: I am 49% owner can a 51% partner force me to disolve our LLC and keep using our business name for themselves?
A: Probably yes, but this will depend on the wording of your operating agreement. He will also be required to pay for the use of the business name, but putting a value on this and other aspects of the "good will" of the business can be difficult.
A: The name belongs to the entity- as an asset. Along with the other assets of the company that would need to be handled in a "dissolution." There is a statutory procedure for dissolution- you can likely look it up on line- if not you can get with a lawyer- to discuss your rights in a dissolution and how a dissolution is handled --After all your 49% interest needs to be protected in the dissolution. Does the 51% partner have an automatic right to the name- no - the name belongs to the entity. However, what I have said above - may be changed by the LLC operating agreement. I would suggest you talk to an attorney.
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