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Updated over 8 years ago on . Most recent reply

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26
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5
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Ewan Tong
  • Real Estate Investor
  • Cambridge, MA
5
Votes |
26
Posts

How to Prevent Fraudulent Claim over LLC Ownership?

Ewan Tong
  • Real Estate Investor
  • Cambridge, MA
Posted

I'm sure this is a crazy question, but how does one prove their ownership of an LLC?

I just filed an LLC in Massachusetts because I want to transfer the title of my property to my LLC. However, it seems that Massachusetts (just like many other states) does not request information on the member(s) nor their percentage interest in the LLC filling. In other words, there is NO ownership information in the government database. According to my preliminary Internet research, people say that this "ownership" is proven in the
LLC's Operating Agreement. BUT...

What prevents a third party from making their own (fraudulent) Operating Agreement in my LLC's name, claiming that it is the owner of my LLC, and selling my property?

Any idea would be greatly appreciated.

Most Popular Reply

User Stats

136
Posts
43
Votes
Rajeev Kotyan
  • Professional
  • Lexington, MA
43
Votes |
136
Posts
Rajeev Kotyan
  • Professional
  • Lexington, MA
Replied

@Ewan Tong: In MA when filing an LLC with the Secretary of State, there is a section for naming the persons who are authorized to execute, file and record documents as it pertains to the LLC and to any real property associated with the LLC. If this is left blank, then it is automatically assumed, that it is the Managers filed in the LLC filings..

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