Operating manager of an llc

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does an operating manager of an llc with an operating agreement have the right to terminate another member who is not a manager in nys can the operating manager form a new llc for the same company if this member refuses to leave what are the rights of the operating manager

Attorney Answer

1
Kaiser Wahab ·
Unfortunately, your quesiton presents the most likely source of answers, which by definittion cannot be provided on this site. The NYS LLC Act provides a tremendous amount of discretion for the membership to contractually, through their operating agreeement, shape the parameters of the relationship with each other and the LLC. The Operating Agreement, therefore, is the "bible" from which all of your answers will come. Most operating agreements that have an operating member or managers have a dedicated Section or Article that speaks specfically to the powers of those parties to take certain actions. With regard to dimissal of members, many operating agreements (both member and and manager managed) have specifc provisions regarding the manner, process, andauthority to dismiss another member. What you will not find is a statutory framework that spells out specific restrictions on membersip/managers to enage in dismissals or other conduct. It really is a case by case inquiry and you may want to consult an NY attorney to review the operative operating agreement. I hope this helps. Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
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