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LLC Operating Agreement — Delaware vs home state incorporation

Started by newbie_business_owner_OH · Dec 18, 2023 · 1,366 views · 9 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NB
newbie_business_owner_OH OP

Has anyone dealt with something like this? I'm not sure what my options are.

Delaware vs home state incorporation. I've been dealing with this for about 7 months now and the situation isn't improving.

I have already consulted briefly with a lawyer but did not get a clear answer.

Do I have a strong case? What should my next steps be?

TL
Mod_TermsLaw Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the relevant statute years for this type of claim.

Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.

AR
anon_renter_advice

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

FT
frustrated_trader_OH

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

NF
newbie_freelancer_help

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

DC
desperate_creator_help

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

OD
OpenSourceLawyer_Dan

Been there. Here's what I learned.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

ES
eComm_Seller_2022

Been there. Here's what I learned.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

FB
frustrated_business_owner_NY

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

SA
seeking_advice_parent_question

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

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