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Ownership Standoffs: Can Courts Invoke “Equity” To Accommodate a Buyout? Or Should Legislatures Provide a Solution?

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Author: Jennifer M. Osgood
Date: 6 May, 2022

If LLC owners find themselves at odds such that the company cannot functionally persist, is dissolution the only option? While few states offer alternatives, the concept of “equitable buyout” stands out as practical consideration both for the courts and for prospective drafters of LLC operating agreements. This article reviews the relevant provisions of Colorado’s LLC Act and the potential implications for local LLC members facing dissolution.  

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Chipman Glasser LLC, Business divorce, Equitable Buyout