Can a managing member speak for their LLC in court?
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Can a managing member speak for their LLC in court?
I have a friend that owns a LLC. She was sued by someone and instructed to appear in court to represent the llc by the way. She was unable to appear in court and
Asked on August 23, 2017 under Business Law, Wyoming
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It's not that she cannot "speak for" the LLC, but it's that she cannot represent it in court. A non-lawyer (I presume your friend is not an attorney) cannot represent *any* person other than herself in court. An LLC, however, is a separate legal person: that is the basis for the "limited liability," or liability protection, conferred on its members (owners) by an LLC. (Because it is separate legal person, it is responsible for its own acts, and so the liability does not flow tothe owners/members.) Just as another human person would need a lawyer to represent him/her and could not be represented in court by your non-lawyer friend, the LLC needs a lawyer to represent it in court. So the LLC has to hire an attorney. Your friend, however, will make decisions for the LLC, testify for it in court, provide information for and about it, and in short, "speak, for it, etc.--it's just that she needs a lawyer for it, too.
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