LLC dissolving / transferring to c-corp issues. What to do if a LLC member is not cooperating or communicating?

[marcus mota]

LLC dissolving / transferring to c-corp issues. What to do if a LLC member is not cooperating or communicating?

 

[Taxing Matters]

A lot depends on how many members the LLC has and how much of the LLC each one owns, what the LLC charter and operating agreement say, and the applicable state law that governs the LLC, and you did not mention the state. It also matters how the LLC plans to convert to a C-corporation. It is a real conversion from LLC to corporation under state law or is it simply an IRS check the box election to be taxed as a C-corporation?

 

[marcus mota]

A lot depends on how many members the LLC has and how much of the LLC each one owns, what the LLC charter and operating agreement say, and the applicable state law that governs the LLC, and you did not mention the state. It also matters how the LLC plans to convert to a C-corporation. It is a real conversion from LLC to corporation under state law or is it simply an IRS check the box election to be taxed as a C-corporation?

Its a Delaware LLC.
Non commutative member owns 3.25%

 

[marcus mota]

Its a Delaware LLC

Non commutative member owns 3.25%

 

[Taxing Matters]

Its a Delaware LLC.
Non commutative member owns 3.25%

Ok, and what kind of conversion are you doing? An actual conversion under Delaware law to a corporation, or are you making an election with the IRS to be taxed as a corporation?

 

[marcus mota]

Im not sure I will find out and reply.

 

[Taxing Matters]

Im not sure I will find out and reply.

Are you not a member of this LLC? If you are not a member, what is your interest in this?

 

[marcus mota]

I am the founder and majority shareholder of the company. However, we are working piecemeal when it comes to legal aspects of operation.

 

[marcus mota]

Its a actual conversion from Delaware law to corp