To Be or Not to Be Exclusive: Statutory Construction of the Charging Order in the Single Member LLC

Depaul Business & Commercial Law Journal, Vol. 9, 2010

87 Pages Posted: 9 Nov 2010

See all articles by Thomas Geu

Thomas Geu

University of South Dakota Law School

Thomas E. Rutledge

Stoll Keenon Ogden PLLC

John R. DeBruyne

affiliation not provided to SSRN

Date Written: October 27, 2010

Abstract

The charging order has long been a feature of partnership law. Like partnerships and other unincorporated entities, the charging order is an important statutory attribute of limited liability companies that, in the context of the single member LLC, has generated significant controversy. Recently the Florida Supreme Court waded into this quagmire in deciding Olmstead v. Federal Trade Commission. Sadly, rather than broadly mapping the issues to help future travelers, Olmstead charted a unique course that will be difficult for others to follow.

Suggested Citation

Geu, Thomas and Rutledge, Thomas E. and DeBruyne, John R., To Be or Not to Be Exclusive: Statutory Construction of the Charging Order in the Single Member LLC (October 27, 2010). Depaul Business & Commercial Law Journal, Vol. 9, 2010, Available at SSRN: https://ssrn.com/abstract=1705567

Thomas Geu

University of South Dakota Law School ( email )

414 E. Clark Street
Vermillion, SD 57069
United States

Thomas E. Rutledge (Contact Author)

Stoll Keenon Ogden PLLC ( email )

2000 PNC Plaza
500 West Jefferson Street
Louisville, KY 40202-2828
United States

HOME PAGE: http://skofirm.com

John R. DeBruyne

affiliation not provided to SSRN ( email )

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