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Tag Archives: operating agreement

Corporate – LLC – Membership – Ownership Interest – Georgia Law (access required)

Nelson v. Alliance Hospitality Management, LLC Since neither the Georgia Limited Liability Company Act nor the defendant-LLC’s operating agreement required that a member have an ownership interest in the LLC, the operating agreement’s anti-dilution provision was not necessarily implicated by plaintiff’s admission as a member of the LLC. Therefore, the majority member’s consent to plaintiff’s admission was all that was required to make plaintiff a member of the LLC.

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Contract – Arbitration – Deposition — Waiver of Right to Compel Arbitration – Operating Agreement (access required)

HCW Retirement & Fnancial Services, LLC v. HCW Employee Benefit Services, LLC Several key claims in a thorny dispute were covered by an arbitration clause, contrary to the trial court’s ruling. However, the defendants waived their right to arbitration by deposing plaintiff at length and in detail about the claims in dispute in advance of arbitration.

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