South Dakota Short Form Limited Liability Company (LLC) Agreement is a legal document that outlines the rights, responsibilities, and obligations of the members of an LLC operating in the state of South Dakota. This agreement serves as the foundation for the LLC's structure and governs its operations. Keywords: South Dakota, Short Form Limited Liability Company, LLC Agreement. In South Dakota, there are two main types of Short Form LLC Agreement: 1. Single-Member LLC Agreement: This agreement is used when the LLC is owned and operated by a single individual or entity. It outlines the member's capital contributions, management responsibilities, profit distribution, and other relevant provisions. The single member has complete control and liability for the LLC's actions. 2. Multi-Member LLC Agreement: This agreement is utilized when an LLC has multiple members, each with a stake in the company. It establishes the rights, duties, and obligations of each member, along with mechanisms for decision-making, voting rights, capital contributions, profit sharing, and dispute resolution. It plays a crucial role in governing the relationships and ensuring smooth operations among multiple LLC members. Regardless of the type, a South Dakota Short Form LLC Agreement typically covers various essential clauses: 1. Name and Purpose: The agreement specifies the legal name of the LLC, its principal business activities, and any specific goals or objectives. 2. Capital Contributions: It outlines the initial capital investment made by each member, including cash, property, or services rendered. This section also provides guidelines for additional contributions or distributions. 3. Profit and Loss Allocation: The agreement designates how profits and losses will be allocated among the members based on their ownership percentages or another agreed-upon method. 4. Management and Decision-Making: It defines the management structure of the LLC, whether it is managed by members or appointed managers. The agreement outlines decision-making processes, voting rights, and the division of responsibilities. 5. Transfer of Membership Interest: This section outlines the procedures and restrictions for transferring membership interests, including approval requirements and potential buyout provisions. 6. Dissolution or Withdrawal: The agreement establishes the circumstances under which the LLC may be dissolved or a member may voluntarily withdraw, as well as the procedures and provisions related to these situations. 7. Confidentiality and Non-Compete: It may include provisions protecting confidential information and preventing members from engaging in competitive activities during and after their involvement with the LLC. These are some key components found in a South Dakota Short Form Limited Liability Company Agreement. It is crucial for the agreement to be carefully drafted and reviewed by all members involved to ensure all parties' rights and obligations are properly addressed and protected.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.