This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Corporate

Mar. 17, 2020

Does a non-managing member of an LLC owe a fiduciary duty to the other members?

Whether or not fiduciary duties arise at all depends upon the structure of the LLC and who, in particular, is designated as the manager(s).

Bruce Isaacs

Mediator
Signature Resolution LLC

entertainment, contracts, business, real estate, copyright infringement

633 W. 5th Street, Suite 1000
Los Angeles , CA 90071

Email: bisaacs@signatureresolution.com

Loyola Law School

A typical situation which often finds its way into mediation: (1) two or more "partners" form a business venture together; (2) rather than form the venture as a general partnership or a corporation, they form the business as a limited liability company under California law; (3) the venture does not succeed; (4) the members can no longer get along and distrust each other; (5) the members point fingers at each other, accusing each of various breaches of fiduciary duty;...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up