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Petition for Ex Parte Subpoena of LLC Records[1] center doc

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LLC Forms

STATE OF _______________ COUNTY OF ____________ ____________ COURT ) PETITION FOR EX PARTE ____________________, ) SUBPOENA OF LIMITED ) LIABILITY COMPANY Plaintiff, ) RECORDS ) vs. ) [Code Section] ) ____________________, ) ) Defendant. ) ______________________________) PETITION FOR EX PARTE SUBPOENA OF LIMITED LIABILITY COMPANY RECORDS COME NOW, _________ and __________, holders of more than 10 percent of the outstanding membership interest in ____________, a limited liability company organized under the laws of __________ and Petitions the court, Ex Parte, this Court for an Order allowing issuance of a subpoena duces tecum for all [LLC Name] records including, but not limited to, all bank and financial records, minutes, contracts and correspondence. In support of this Petition it is represented that this Court has jurisdiction pursuant to ___________ and: I THAT _______ and __________ jointly own in excess of 10 percent of the membership interest of [LLC Name]. II THAT at the last membership meeting on [Date] Plaintiffs requested access to the entity records but were denied. III THAT the entity’s principal office is in ____________, _________ County, _________. IV THAT according to the records of the entity the management group of this limited liability company consists of ___________________. V THAT no notice of any meetings have been provided to Petitioners since_________. VI THAT Petitioners have been informed that the records are being kept by, _____ secretary for said entity. VII THAT said entity has taken the following actions [list here why the records are needed] VIII THAT Petitioners believe the management group who are in possession and control of the entity records have converted company assets for personal uses and have allowed a significant wasting of limited liability company assets. IX THAT Petitioners are concerned over the integrity of the business records of said limited liability company. X THAT _______ of _______ should be authorized to seize, inventory and copy at a commercial copying business all financial accounting records including but not limited to bank records, canceled checks, bank statements, bank registers, operating agreements, minutes, entity records, correspondence and contracts. _________, is to return said records within a reasonable time of copying same. XI THAT the court order, pursuant to §____ the limited liability company to pay the member's costs, including reasonable counsel fees, incurred to obtain the requested relief. WHEREFORE Petitioners request that the above relief be granted. _____________________ Petitioner
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11/14/2007
English
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