Can I buy out a member who no longer works in the business?

Get a lawyer. Seriously. We tried the handshake route, and it cost us 3x more to fix later.

Does your operating agreement say anything about buyouts? Ours had a formula buried in an exhibit that we all forgot about. Found it when we were about to pay out way too much.

He doesn't work there but still gets a cut? Wild. Anyway, what's the gap between your offer and his ask?

Also if he's owed any distributions that were never paid, that usually gets folded into the negotiation. We did an offset. Worked out cleaner than I expected, but again, lawyer.

lol "just write something up" is how half this forum's problems start

Second thought: check your state's LLC act too. Some places default to dissolution if a member exits and there's no written buyout provision. Might not be the casee where you are but it's a real headache if you miss it.

CoffeeAndCommas hasn't come back but I'm curious what triggered this this now. Did something happen or is he just drifting?

Fair point on the timing, but either way the cleanest path is a written purchase agreement with a release of claims. Don't let him sign over his units and then think he can come back for unpaid profits from the dead years.

Honestly if the gap isn't huge, paying a little extra to close it might be cheaper than another year of this. Ask me how I know.