Members Request for Records From a Florida LLC
Florida Statute § 605.0410 governs the documents and records a Florida Limited Liability Company (“Companies”) is required to keep, and the rights of Members, Managers, and dissociated Members to request such information. Records requests are a common tool used by attorneys to obtain information in advance of filing suit, not always successfully.
The Statute very clearly defines what Companies are required to keep in sections (1) (a)-(f), and the it separates what rights Members have to such documents depending on whether the Company is Member-managed vs. Manager-managed. While the Statute was written by the legislature with the assistance of business lawyers, entitlement to documents and records that are not specifically covered in section (1) of the Statute can become the subject of litigation because Companies can lawfully refuse to provide documents, or restrict or condition a Members access to records. Section 605.0411 of the Florida Statutes, provides a remedy for Members, through a Court-ordered inspection of the Companies records along with the imposition of an award of reasonable attorney’s fees and costs, when Companies do not comply with certain sections of §605.0410.
At The Foodman Firm, our trial attorneys have extensive experience in making records requests on behalf of Members and effectively defending Companies against bad faith requests. It is important when receiving a records request to contact an attorney with experience to build an effective litigation strategy.