I started a small side-business in 2006 and grew it over the years. In order to take the business to the next level, I decided to officially form a LLC with the intent of using my existing business to get the group (of six (6) other Members) off the ground to start new business after new business after new business (all unrelated to my original side-business), as well as grow my side-business in the process.

The partnership hasn't worked out and I'm voluntarily leaving the LLC that I originally formed. Of course, I'll continue to operate the side-business I started years ago (leaving the LLC with no method of generating revenue). And of course, the remaining Members of the LLC say that my side-business belongs to the LLC now.

Other than the supplies, packaging, production materials, etc., to keep the business going once I brought it in, the majority of everything else remained in my name and at my expense (because the LLC hadn't generated enough revenue to cover the expenses at that point).

However, on the LLC 2008 taxes, we did make enough to generate a small profit and it was divided up equally on our K1s (although it wasn't realized by any of the Members).

I did not sign any document stating that I sold, in whole or in part, my side business to the LLC and there is no mention of my side-business in the LLC Operating Agreement.

My question, the remaining Members of the LLC, and the LLC itself have/has no right to my side-business, to include current or future profits or any intellectual property (being that the LLC didn't purchase any production equipment, didn't purchase my designs, the majority of all designs were in place before the LLC was formed, etc.) of my side-business that I formed and operated solely since 2006, correct?

By the way, this LLC was formed in May of 2008.

Thanks!

Your situation is complicated. You are going to need an attorney to go over all of your documents to figure this out. I would suggest getting this dealt with before the rest of the members try to take you to court. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You should certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.