This post addressses the case of Eric Stratum & Terese Brown
Not what you're looking for?
Eric Stratum and Terese Brown formed ESTB, L.L.C., a member-managed limited liability company created for the purpose of owning and leasing a residential apartment building. The term of the LLC was 25 years. Their operating agreement provided that each owned 50 percent of the LLC. Stratum contributed $120,000 cash as his contribution to the business. Brown contributed $10,000 cash at the time of the LLC's creation, with the expectation that she would contribute to the LLC with services to be performed in the future. The agreement, however, listed Brown's capital contribution as $10,000 and did not stipulate by how much it should be increased as Brown continued to manage the business. Although Brown was expected to be the primary manager of the business, nothing in the operating agreement gave more power to Brown or removed power from Stratum. For the first two years, Brown did most of the day-to-day management of the LLC. She and Stratum agreed on other actions, including replacing carpeting in apartments and reroofing the building.
After two years, Brown claimed she was entitled to a larger share of the LLC's profits. Is she?
Suppose that Stratum responded by appointing his son to manage the LLC along with Brown. May Brown object to Stratum's son managing the LLC?
Suppose the relationship between Stratum and Brown has so deteriorated that she withdraws from the LLC. She demands to receive the value of her interest in the LLC. The LLC has a current value of $500,000. How much must Brown receive? When?
Suppose after she leaves the LLC, Brown purchases a residential apartment building that competes against the LLC. May Stratum prevent Brown from competing with the LLC? Please answer in 200 words or more.
Purchase this Solution
Solution Summary
The solution provides a detailed explanation for each part of the scenario presented involving Eric Stratum and Terese Brown, who formed ESTB LLC. References include the Ohio Revised Code (IRC) to support the facts given.
Solution Preview
Eric Stratum and Terese Brown formed ESTB, L.L.C., a member-managed limited liability company created for the purpose of owning and leasing a residential apartment building. The term of the LLC was 25 years. Their operating agreement provided that each owned 50 percent of the LLC. Stratum contributed $120,000 cash as his contribution to the business. Brown contributed $10,000 cash at the time of the LLC's creation, with the expectation that she would contribute to the LLC with services to be performed in the future. The agreement, however, listed Brown's capital contribution as $10,000 and did not stipulate by how much it should be increased as Brown continued to manage the business. Although Brown was expected to be the primary manager of the business, nothing in the operating agreement gave more power to Brown or removed power from Stratum. For the first two years, Brown did most of the day-to-day management of the LLC. She and Stratum agreed on other actions, including replacing carpeting in apartments and reroofing the building.
After two years, Brown claimed she was entitled to a larger share of the LLC's profits. Is she?
Suppose that Stratum responded by appointing his son to manage the LLC along with Brown. May Brown object to Stratum's son managing the LLC?
Suppose the relationship between Stratum and Brown has so deteriorated that she withdraws from the LLC. She demands to receive the value of ...
Purchase this Solution
Free BrainMass Quizzes
Accounting: Statement of Cash flows
This quiz tests your knowledge of the components of the statements of cash flows and the methods used to determine cash flows.
Academic Reading and Writing: Critical Thinking
Importance of Critical Thinking
Organizational Behavior (OB)
The organizational behavior (OB) quiz will help you better understand organizational behavior through the lens of managers including workforce diversity.
MS Word 2010-Tricky Features
These questions are based on features of the previous word versions that were easy to figure out, but now seem more hidden to me.
Marketing Research and Forecasting
The following quiz will assess your ability to identify steps in the marketing research process. Understanding this information will provide fundamental knowledge related to marketing research.