minority in a LLC

[786islander]

What is the name of your state (only U.S. law)? Florida
There is any way that I can be recover my investment into an small LLC company in which I have %16 of interest if I want to get out of the business after 5 years? I have $50 000 investment in this company, and the main owner does not wants to do any thing about it.
There is any way that I can do a legal claim in court to force him to buy me out, even if he does not the cash capacity to do it?
Thanks

 

[Zigner]

What does your agreement say about this?

 

[tranquility]

The court will not force him to buy you out, absent a requirement to do so in your organizing documents. You could try selling the minority share to someone else, but it will be at a substantial discount and you may be prevented by your organizing documents or, by the code if the majority disagrees. (Although, you could "assign" membership rights and duties to another--absent no provision in organizing documents preventing it.)

The only thing I see is:

608.427 Withdrawal of member and distribution upon withdrawal.

(1) A member may withdraw from a limited liability company only at the time or upon the occurrence of an event specified in the articles of organization or operating agreement and in accordance with the articles of organization or operating agreement. Notwithstanding anything to the contrary under applicable law, unless the articles of organization or operating agreement provides otherwise, a member may not resign from a limited liability company prior to the dissolution and winding up of the limited liability company. Notwithstanding anything to the contrary under applicable law, the articles of organization or operating agreement may provide that a limited liability company interest may not be assigned prior to the dissolution and winding up of the limited liability company.

(2) Upon withdrawal, a withdrawing member is entitled to receive any distribution to which the withdrawing member is entitled under the articles of organization or operating agreement, and, if not otherwise provided in the articles of organization and operating agreement, the withdrawing member is entitled to receive, within a reasonable time after withdrawal, the fair value of the withdrawing member's interest in the limited liability company as of the date of resignation based upon the withdrawing member's right to share in distributions from the limited liability company.

(3) In the absence of a statement in the articles of organization or the operating agreement to the contrary or the consent of all members of the limited liability company, a member, irrespective of the nature of the member's contribution, has only the right to demand and receive cash in return for the member's contribution to capital.

See also:
http://law.onecle.com/florida/business-organizations/chapter608.html

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida
There is any way that I can be recover my investment into an small LLC company in which I have %16 of interest if I want to get out of the business after 5 years? I have $50 000 investment in this company, and the main owner does not wants to do any thing about it.
There is any way that I can do a legal claim in court to force him to buy me out, even if he does not the cash capacity to do it?Thanks

In addition to what the others said, I would like to point out that the bolded sentence is illogical. If someone does not have the cash capacity to buy you out, how do you think that a judge could force the person to do so?