Chipman Glasser partner, Reid Allred, will be giving a presentation for the Colorado Microbusiness Alliance on two nights next week—September 8, 2015 in Parker, Colorado and September 9, 2015 at Westminster, Colorado. Mr. Allred will be speaking about how business owners can effectively structure their businesses to avoid personal liability and minimize taxes. The presentation will include real-life experiences to …
Does LaFond Address Common Law Fiduciary Duties of LLC Members?
By Reid J. Allred and Maral Shoaei The Colorado Supreme Court, in a recent opinion, LaFond v. Sweeney, addressed the duties of a manager or member of a limited liability company (“LLC”) under Colorado law upon dissolution and winding up of an LLC. At first glance, LaFond appears to provide some needed clarity to the common-law fiduciary duties owed by …
Revisiting Fiduciary Duties of Members of Colorado LLCs
The law governing limited liability companies (“LLCs”) and their members is relatively undeveloped, and it continues to evolve. One important question, for example, is whether the members of an LLC owe fiduciary duties to each other. In a previous blog post, we explored the existing case law on this subject from the corporate and partnership context. And that post concluded that …
Fiduciary Duties of Members of Colorado LLCs
The limited liability company (LLC) enabling statutes in some states expressly set forth affirmative duties that LLC members owe to one another.[1] Other state LLC enabling statutes expressly negate such duties.[2] The Colorado Limited Liability Company Act[3] is silent as to whether LLC members owe a fiduciary duty to one another. No published Colorado opinion has yet addressed this issue. When …