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Operating Agreement And LLC Issues

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Portal_tek

Junior Member
What is the name of your state? Utah

We are currently having trouble between managers in our LLC. The company was set up originally as an LLC with 3 member/managers divided evenly at 33% each.

We now have a partner who thinks they have the right to remove managers as he seems fit as well as sign the business to himself by removing the only other member/managers that the state has on the form.

The problem I have is that the operating agreement that we have been operating under has mysteriously lost the signature sheet along with the percentage division of the business. Now he is working at gaining complete ownership of the business.

Here is what I would like to do, once I file the change form with the state giving me rights as member/manager again I would like to have a meeting where everyone has the opportunity to sign the operating agreement that we have been operating under for the past 3 years, along with a form stating we have been operating under the current operating agreement since creation of the business. I have a feeling the one guy won't agree, but since the two of us have an assumed ownership of 66% that should give us the right to operate under the operating agreement.

Does this sound reasonable? Is there something else I am missing or that I can do? sorry for the long post, please let me know as soon as possible, this is getting worse by the day.

Thanks in advance

Scott
 
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