Operating Agreement Template For Single Member Llc In Houston
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Having an operating agreement for a single-member LLC helps demonstrate the legal separation between the business and the owner, reinforcing the member's personal limited liability protection in the event of a lawsuit against the company.
What To Include in a Single-Member LLC Operating Agreement Name of LLC. Principal Place of Business. State of Organization/Formation. Registered Office and Registered Agent. Operating the LLC in Another State (Foreign LLC) Duration of LLC. Purpose of LLC. Powers of LLC.
What To Include in a Single-Member LLC Operating Agreement Name of LLC. Principal Place of Business. State of Organization/Formation. Registered Office and Registered Agent. Operating the LLC in Another State (Foreign LLC) Duration of LLC. Purpose of LLC. Powers of LLC.
If your LLC has one owner, you're a single member limited liability company (SMLLC). If you are married, you and your spouse are considered one owner and can elect to be treated as an SMLLC. We require an SMLLC to file Form 568 (coming soon), even though they are considered a disregarded entity for tax purposes.
Texas doesn't require an SMLLC to have an operating agreement. However, even though an SMLLC has just one member, an operating agreement is highly recommended. You don't need to file your SMLLC's operating agreement with the state. The operating agreement is usually made between the single member and the LLC itself.
Generally, you should take the following steps: Choose a name for your SMLLC. Decide your company's management structure. Register your SMLLC. Draft an operating agreement. Apply for the required licenses, permits, and registrations. Obtain an employer identification number (EIN). Get insurance coverage.
Technically, your Texas operating agreement can include anything (within the law) not already covered by Texas's state statutes. However, a strong operating agreement is essential, and should include: Transfer of membership interest. Voting rights and decision-making powers.
Once the document is signed by the members of the limited liability company, it acts as an official contract binding them to its terms.
In California, every limited liability company is required to have an Operating Agreement. Ironically, it is actually more important for a single member LLC to have a well written Operating Agreement and to religiously hold its annual and special meetings of the sole member.
Look through your files dating back to the business formation, and check your personal financial records (for example, your tax records) for a copy of the agreement.
