A Perfect Operating Agreement in 2 Easy
Steps:
1. Answer a number of
simple multiple choice questions
2. View your customized Operating
Agreement
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Create
Your LLC Operating Agreement Checklist
1. Decide a
name for your LLC
2. Principal Office
3. Registered Agent/Office
4. Initial members
5. Decide the ownership interests of each member
6. Decide the amount of capital each member will contribute.
7. Will any members be granted an interest solely for
the performance of services?
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MULTI-
MEMBER LLC OPERATING AGREEMENT
Multi-Member Operating Agreement
It is extremely important for all multi-member LLCs to have
a LLC Operating Agreement. An LLC Operating Agreement will greatly
reduce financial and management misunderstandings, and assure
your business is governed by your own rules, not default rules
created by your state. Even though the LLC Operating Agreement
is not required to be filed with any state agency, it is unwise
to operate an LLC without an LLC Operating Agreement.
The Operating Agreement governs the operation and management
of the LLC. It describes the business and economic arrangement
of the members. The LLC agreement generally specifies, among
other things, the business name, the official business address,
the identities of the members, the way in which cash is distributed
to the members, the way in which profits and losses are to be
divided between the members, and how the company will be managed.
The Operating Agreement should also reflect each member’s
financial contributions to the LLC and the member’s ownership
interests.
Taxation
The members of a limited liability company (“LLC”)
will benefit from the limited liability associated with a LLC
as well as the benefit of a single level of tax and the flow-through
of business losses.
A multi-member LLC can be either treated for tax purposes as
a partnership or a corporation, including an S corporation.
To be treated as a corporation, an LLC has to file a Form 8832,
Entity Classification Election, and elect to be taxed as a corporation.
A multi-member LLC that does not so elect will be classified
by the IRS as a partnership. A single member LLC can be either
treated for tax purposes as a corporation or a single member
“disregarded entity”.
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State
LLC Operating Agreements
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West-virginia
Wisconsin
Wyoming
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