stochastic,
Please read the instructions for the public report filing in TX.
http://www.window.state.tx.us/taxinfo/taxforms/05-396.pdfPage 11
Section A: Report the name, title and mailing address of
each officer and director of the corporation, LLC or financial
institution as of the date the report is filed. If ALL the
preprinted information in Section A is correct, blacken the
circle located below the mailing address on the form.
Otherwise, mark through any incorrect information and type
or print the correct information next to the incorrect item or,
if Section A is blank, complete Section A.
Domestic profit corporations and domestic professional
corporations must list all officers, which must include the
president and secretary, and all directors. One person may
hold all offices. Domestic non-profit corporations must list all
officers. Different persons must hold the offices of president
and secretary. There is a minimum of three directors. Domestic
limited liability companies must list all managers and, if the
company is member-managed, list all members. All officers, if
any, must be listed. Non-Texas entities must list all officers
and directors that are required by the laws of the state or
country of incorporation or organization.
Not sure what your rebutal was.
You do understand that LLC are broken into two structure types.
* Manager managed (where members elect a manager much like shareholders elect officers in a corporation)
* Member managed (where all members have executive authority much like a partnership).
I clearly said that only member-managed LLC require reporting the members, which is a correct statement. What exactly were you trying to rebut?
Even in TX (your "it is public records" example state):
In a manager managed LLC no members information is reported.
In a coproration no shareholder information is reported.
So how exactly do you get the owner info with a quick phonecall or email?
How do you get what the state doesn't even have?As for "legal code 13.1-1028 Section A" once again you only have part of the answer (which seems to be your continually problem):
Each limited liability company shall keep at its principal office the following
The
company (not the state) needs to keep those records. So how do you get confidential company information "easily" from "public records" (your two false claims) when the state doesn't even have the info to give you.
"The information may not be possible to get from the Secretary of the Commonwealth, but it is possible to subpoena the information.
When did I say it was IMPOSSIBLE under any possible circumstances to ever obtain information on company owners? Way to move the goal post. Your claims were 1) that it is public information and 2) that it is easy to obtain. A subpoena isn't "easy" and there is no legal authority to demand that information without cause. Go ahead subpoena that information and watch it get quashed. A judge "could" compel a company to divulge that information. However no judge is going to grant a court order
simply because someone on the internets wants to know. There has to be a compelling reason (like piercing the corporate veil, instances of securities fraud, embezzlement, etc).
So once again not sure what your point was? I feel we have gone round in circles and your new position is my original position.
I said (paraphrased):
* owner information isn't publicly available
* it will require a court order
* you will need to show the court why you should have that private information
You said (paraphrased)
* owner info is publicly available -
* you just need to ask the state.
* it is easy to get
So once again what was your point?