We’re trying to legally remove a member from our LLC in Hawaii. They broke our code of conduct, so we held a meeting and sent a letter about it. We even tried filing an annual report without their name, but the state rejected it. Anyone know what our options are? Tips?
Sounds frustrating! Did you follow your operating agreement when trying to remove them?
Micah said:
Sounds frustrating! Did you follow your operating agreement when trying to remove them?
Yeah, we did a unanimous vote since they didn’t pay their portion. Still, the state didn’t accept the change.
Micah said:
Sounds frustrating! Did you follow your operating agreement when trying to remove them?
If they didn’t agree to leave in writing, Hawaii might require a court order. Did they say why it was rejected?
@Wynne
Nope, they just rejected it without specifics. Looks like court might be the only option?
If they failed to pay, can’t that be grounds for removal? Hawaii laws are strict, though.
Abi said:
If they failed to pay, can’t that be grounds for removal? Hawaii laws are strict, though.
True, but they’d likely need compensation for their share unless the operating agreement says otherwise.
Did you send them a formal withdrawal notice? Sometimes that helps to have on record.
Lane said:
Did you send them a formal withdrawal notice? Sometimes that helps to have on record.
Yep, we sent a letter and had a meeting about it. But the state still didn’t accept the change.
Lane said:
Did you send them a formal withdrawal notice? Sometimes that helps to have on record.
You might just need a lawyer if you’re hitting a wall. Sometimes that’s what it takes.
From what I know, removing members in Hawaii can be tough if they’re not cooperating. You’d likely need legal proof and maybe court involvement.
Amari said:
From what I know, removing members in Hawaii can be tough if they’re not cooperating. You’d likely need legal proof and maybe court involvement.
Ugh, that’s what I’m worried about. Was hoping to avoid court, but maybe that’s the only way.
Court might seem like overkill, but it could be the only way to finalize things legally. Sometimes it’s the best route.
Phoenix said:
Court might seem like overkill, but it could be the only way to finalize things legally. Sometimes it’s the best route.
Yeah, we just want to get it over with. Looks like we’ll have to go that way.
Phoenix said:
Court might seem like overkill, but it could be the only way to finalize things legally. Sometimes it’s the best route.
Good luck with it! Legal stuff can be such a pain.