Operating Agreement Llc California With S Corp Election

State:
California
Control #:
CA-00LLC-2
Format:
Word; 
Rich Text
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Description

The Operating Agreement LLC California with S Corp Election serves as a foundational document for limited liability companies in California aiming to elect taxation as either a sole proprietorship or as a partnership when additional members join. This form outlines essential aspects such as the formation, management, contributions, profits, losses, and voting rights of members. Key features include the initial member's authority over management and decision-making, as well as provisions for admitting new members by majority consent. The agreement dictates how interests are transferred, how distributions are made, and outlines procedures for dissolution, ensuring clarity and operational continuity. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form for creating, modifying, or managing LLC structures aligned with their specific needs, aiding in compliance with California law. It is particularly beneficial for single-member LLCs seeking S corporation taxation status and for facilitating the addition of members while maintaining governance clarity.
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  • Preview Single Member Limited Liability Company LLC Operating Agreement
  • Preview Single Member Limited Liability Company LLC Operating Agreement
  • Preview Single Member Limited Liability Company LLC Operating Agreement
  • Preview Single Member Limited Liability Company LLC Operating Agreement
  • Preview Single Member Limited Liability Company LLC Operating Agreement
  • Preview Single Member Limited Liability Company LLC Operating Agreement
  • Preview Single Member Limited Liability Company LLC Operating Agreement
  • Preview Single Member Limited Liability Company LLC Operating Agreement
  • Preview Single Member Limited Liability Company LLC Operating Agreement

How to fill out California Single Member Limited Liability Company LLC Operating Agreement?

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FAQ

An LLC or a corporation may elect S Corp tax treatment only if all of the following apply: The corporation has no more than 100 shareholders.

And, once it has elected to be taxed as a corporation, an LLC can file a Form 2553, Election by a Small Business Corporation, to elect tax treatment as an S corporation.

Once an LLC is formed, it is possible to convert it to an S Corp by making an entity classification election. To make a timely filed election, Form 2553 must be filed within two months and 15 days from the effective date.

Instead of using an operating agreement, which is specific to an LLC, an S corporation will rely on its corporate bylaws and articles of incorporation. All states require S corporations to use articles of incorporation. However, corporate bylaws are not required in every state.

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Operating Agreement Llc California With S Corp Election