Once you (and the other LLC Members, if applicable) sign the Operating Agreement, then it becomes a legal document. Can I write my own Operating Agreement? Yes, but we recommend using an Operating Agreement template. An Operating Agreement is a legal document.
A limited liability company (LLC) with two or more members is a multi-member LLC (MMLLC). Like a single-member LLC, a MMLLC is a type of business entity that combines the flexibility of a partnership with the limited liability of a corporation.
Every corporation in the United States is, by default, taxed as a C corp unless it has elected to be taxed as an S corp instead. A single-member LLC is by default taxed as a sole proprietor. And a multi-member LLC is taxed as a partnership unless it elects to be taxed as an S corp.
As such, a multi-member LLC is a pass-through entity for tax purposes. That means the LLC business entity itself is not taxed, although it must file partnership tax returns with the IRS using Form 1065, which is considered an 'information return. '
How do I know what classification my LLC is? Unless you have elected to pursue an alternative classification, your LLC will either default to a Disregarded Entity (Sole Proprietorship) or a Partnership depending on the number of owners in your business.
A multiple-member LLC can file as a corporation. Though most LLCs with more than one member file partnership returns (Form 1065), they can file as corporations by submitting Form 8832.
For multi-member LLCs, each member will have an ownership stake. One of the main differences between these two structures is that two or more people cannot own a single-member LLC, unless you're married in a community property state, and a single person cannot own a multi-member LLC.
The most commonly recommended approach to sharing equity in an LLC is to share "profits interests." A profits interest is analogous to a stock appreciation right. It is not literally a profit share, but rather a share of the increase in the value of the LLC over a stated period of time.
How to create an LLC operating agreement in 9 steps Decide between a template or an attorney. Include your business information. List your LLC's members. Choose a management structure. Outline ownership transfers and dissolution. Determine tax structure. Gather LLC members to sign the agreement. Distribute copies.