Delaware Acceptance of Appointment in a Limited Liability Company LLC

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US-217LLC
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Description

This form is an acceptance of appointment in a Limited Liability Company.

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FAQ

Management. The Delaware LLC does not need to elect to be either managed by its owners or an outsider, unlike most other states which require you elect one or the other. Usually in Delaware the members by majority retain management rights, even if they select an outsider to be the manager.

Limited Liability Companies classified as partnerships must file Delaware Form 300. Limited Liability Companies classified as corporations must file either Delaware Form 1100 or Form 1100S.

Delaware's LLC law requires all Delaware LLCs to have an Operating Agreement. Delaware allows the LLC Operating Agreement to be a verbal agreement. However, having a written LLC Operating Agreement is the only way to make the agreement enforceable.

Anyone can be a member of a Delaware LLC or corporation. Generally, the members of an LLC are individuals, but it doesn't stop there. Many people opt to set up the Delaware LLC with another company as the member. This can be a corporation, LP, or even another Delaware LLC.

Keep in mind there are no stated required officer positions that a Delaware corporation must have, as opposed to other states. One person can comprise an entire Delaware corporation. Most Delaware companies have at least a president as well as a secretary.

An authorized person would be the person hired to set up the LLC. This is often an attorney or could also be the registered agent listed on the Certificate of Formation. Although an annual LLC tax, which is in the amount of $300, must be paid each year by the first day of June, the tax can be filed and paid online.

Your Delaware LLC Certificate of Formation must be signed by an Authorized Person. An Authorized Person is any person or company who you authorize to file your Delaware Certificate of Formation. There is no authorization form required.

(b) Unless otherwise provided in a limited liability company agreement, any person may sign any certificate or amendment thereof or enter into a limited liability company agreement or amendment thereof by an agent, including an attorney-in-fact.

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Delaware Acceptance of Appointment in a Limited Liability Company LLC