economic interest

Operating Agreement Trumps Postnup in High Stakes Battle Over Transfer of LLC Interest

By Peter A. Mahler on April 17, 2023

Posted in Delaware, LLCs, Stock Transfer Restrictions

Postnup agreement clashes with LLC agreement’s transfer restrictions in this week’s New York Business Divorce featuring a querelle de famille among the French heirs to the Bic pen fortune.
Continue Reading Operating Agreement Trumps Postnup in High Stakes Battle Over Transfer of LLC Interest

Is a Schedule K-1 By Itself Enough to Prove LLC Membership?

By Peter A. Mahler on November 19, 2018

Posted in LLCs, Standing

This week’s New York Business Divorce jumps back into the fray of undocumented interests in LLCs with no written operating agreement, focusing on a recent court decision that found in favor of the plaintiff’s claim of membership based solely on the LLC’s tax return.
Continue Reading Is a Schedule K-1 By Itself Enough to Prove LLC Membership?