California Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares

State:
Multi-State
Control #:
US-0689-WG
Format:
Word; 
Rich Text
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Description

A Limited Liability Company (LLC) is a separate legal entity that can conduct business just like a corporation with many of the advantages of a partnership. It is taxed as a partnership. Its owners are called members and receive income from the LLC just as a partner would. There is no tax on the LLC entity itself. The members are not personally liable for the debts and obligations of the entity like partners would be. Basically, an LLC combines the tax advantages of a partnership with the limited liability feature of a corporation.


An LLC is formed by filing articles of organization with the secretary of state in the same type manner that articles of incorporation are filed. The articles must contain the name, purpose, duration, registered agent, and principle office of the LLC. The name of the LLC must contain the words Limited Liability Company or LLC. An LLC is a separate legal entity like a corporation.


Management of an LLC is vested in its members. An operating agreement is executed by the members and operates much the same way a partnership agreement operates. Profits and losses are shared according to the terms of the operating agreement.

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  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares

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FAQ

Divide ownership of the LLC by calculating total cash investment by the members. Give each member an ownership stake equal to his cash investment. Four members contributing $25,000 apiece would each receive a 25 percent stake in the company.

Divide ownership of the LLC by calculating total cash investment by the members. Give each member an ownership stake equal to his cash investment. Four members contributing $25,000 apiece would each receive a 25 percent stake in the company.

With an LLC, you probably won't need to file updated paperwork with your state, but that depends on whether or not your original incorporation paperwork included the names and ownership percentages of your partners. If it does, you'll need to fill out an amendment with the new names and percentages.

An LLC may be owned by one person or many. It can also be owned by virtually any other organization, such as a corporation, another LLC, or a holding company. There are no restrictions on the number of members an LLC may have or their country of citizenship.

Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.

Percentages of Ownership Members usually receive ownership percentages in proportion to their contributions of capital, but LLC members are free to divide up ownership in any way they wish. These contributions and percentage interests are an important part of your operating agreement.

Unlike S corporations that must base their distribution calculations on the number of shares per person, LLCs can use alternative criteria to distribute LLC assets during dissolution. Membership interest of LLC owners can be transferred from person to person.

In a Member-Managed LLC, each member has equal rights, a majority of the votes wins, and each member is responsible for the day-to-day operations. The default rules give each member equal voting and decision-making rights, irrespective of ownership percentage.

The most popular types of two-members LLCs are businesses run by a husband and wife or businesses with friends as partners. A multi-member LLC can be formed in all 50 states and can have as many owners as needed unless it chooses to form as an S corporation, which would limit the number of owners to 100.

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California Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares