Arizona Assignment of LLC Company Interest to Living Trust

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Multi-State
Control #:
US-0576-WG
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Word; 
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Assignment of LLC Company Interest to Living Trust
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FAQ

Those involved in the LLC are called members. An LLC can consist of one person who is both the member and the manager, or there can be several persons listed in the LLC. Though there are a number of types of LLCs, we'd like to discuss two primary kinds of LLCs in Arizona, Member-Managed, or Manager-Managed.

The trust can operate as a sole member of the LLC for liability protection and estate planning benefits.

If an LLC member's interest is held in a trust, then the administrator, sometimes called a "trustee," will vote and otherwise exercise the duties and rights of the LLC member. Transferring the membership interest to the trust could require an official transfer document, which is similar to a bill of sale.

The settlor instead should execute a separate assignment of the settlor's LLC interest to the trust. For an LLC interest to be properly transferred to a revocable trust, the LLC must change the owner of record to the trust (specifically, to the trustee, as trustee of the trust).

If your trust has a name that does not disclose your identity, you can name your trust as a member of the Arizona LLC.

The answer is yes. First, trust law permits trusteeswho are acting on behalf of trusts, including revocable truststo own any asset, or almost any asset, that an individual can own, and this includes an interest in an LLC, which qualifies as an asset.

Yes, an irrevocable trust can own an LLC. We generally advise this for clients as part of their estate planning process when they have active business interests to protect or want to pass onto their heirs.

The answer is yes. First, trust law permits trusteeswho are acting on behalf of trusts, including revocable truststo own any asset, or almost any asset, that an individual can own, and this includes an interest in an LLC, which qualifies as an asset.

The answer is yes, a trust can own an LLC, either as the sole owner or as one of many owners.

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Arizona Assignment of LLC Company Interest to Living Trust