To split ownership interest in an LLC, you will need to draft an LLC operating agreement. This operating agreement document will outline how profits and losses are divided among members and other controlling provisions such as voting rights and management structure.
Pennsylvania does not require you to submit an Operating Agreement to form your LLC. However, it is important for every LLC to have an Operating Agreement, establishing the rules and structure of the business. The Operating Agreement is a private agreement and is not filed with the state.
The biggest drawback of a multi-member LLC is that in some instances, members can be held responsible for other members' decision-making and actions when doing business. Members can be held liable if they: Misuse company funds, including the bank account.
Setting up a Multi-Member LLC: Step-by-step Choose your LLC Name. Choose your LLC Registered Agent. File your LLC Articles of Organization. Create an LLC Operating Agreement. Get an EIN for an LLC. Register for Business Licenses and Permits. Register for and file LLC Taxes (like sales tax, business tax, etc.)
Setting up a Multi-Member LLC: Step-by-step Choose your LLC Name. Choose your LLC Registered Agent. File your LLC Articles of Organization. Create an LLC Operating Agreement. Get an EIN for an LLC. Register for Business Licenses and Permits. Register for and file LLC Taxes (like sales tax, business tax, etc.)
Does a Multi-Member LLC need an Operating Agreement? It's best to have an Operating Agreement, especially for an LLC with multiple members (a Multi-Member LLC). This document will spell out ownership percentages, profit distribution, operating procedures / company operations, and management responsibilities.
And while most states do not require LLCs to have a written operating agreement, having the agreement in writing can reduce uncertainties and is generally recommended.
Having an operating agreement for a single-member LLC helps demonstrate the legal separation between the business and the owner, reinforcing the member's personal limited liability protection in the event of a lawsuit against the company.
Can Non-U.S. Citizens Be Members of an LLC? Yes. Typically, there are no restrictions on who can own and form LLCs in the United States. This means that citizens of other countries can create, own and be a member of a U.S.-based LLC.