Alaska Limited Liability Company LLC Agreement for New General Partner
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How to fill out Limited Liability Company LLC Agreement For New General Partner?
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FAQ
Washington state doesn't legally require an LLC to adopt a written operating agreement. However, a written operating agreement is important for proving ownership and limited liability status. It can also help you resolve disputes.
Do you need an operating agreement in Alaska? No, it's not legally required in Alaska under § 10.50. 095. Single-member LLCs need an operating agreement to preserve their corporate veil and to prove ownership.
If any portion of a business activity occurs within the State of Alaska then the expectation, per Alaska Statutes (law), is the business will have an Alaska Business License. Per AS 43.70. 020(a) a business license is required for the privilege of engaging in a business in the State of Alaska.
A change in the ownership in the business requires a new business license (form 08-4181). For more information regarding business licensing, go to: .BusinessLicense.Alaska.Gov and click on Changes to Business Licenses FAQs. Online filing is not available for this form. Submit this form by fax or mail.
LLC members' income is taxed at the 15.3% federal self-employment tax rate (12.4% for social security and 2.9% for Medicare). Alaska is the only state with both no personal income tax and no sales tax, but your LLC may need to pay taxes to your local municipality or borough.
To start an LLC in Alaska, you'll need to choose an Alaska registered agent, file business formation paperwork with the Alaska Division of Corporations, and pay a $250 state filing fee.
For fees and tax purposes, the LLC is probably your best choice. An Alaska LLC will only get taxed once, in the form of personal income taxes for each member. An Alaska Corporation will be subject to double taxation: first through a state corporate tax, and second on the individual tax returns of shareholders.
Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...