Delaware Restated Limited Liability Company Agreement of LLC
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How to fill out Restated Limited Liability Company Agreement Of LLC?
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FAQ
Yes, Delaware's LLC law requires all Delaware LLCs to have an Operating Agreement in some form. The law states that an LLC Operating Agreement can be ?written, oral, or implied? between the members. However, having a written LLC Operating Agreement is the only way to make the agreement enforceable.
The LLC's Operating Agreement must be amended to reflect that a new member is now part of the LLC, or to reflect the removal of a member, and all current members must sign the newly amended Operating Agreement, but you are not required to file the amended Operating Agreement with the state of Delaware.
The LLC's Operating Agreement must be amended to reflect that a new member is now part of the LLC, or to reflect the removal of a member, and all current members must sign the newly amended Operating Agreement, but you are not required to file the amended Operating Agreement with the state of Delaware.
If you need to amend your Certificate of Formation for a Delaware LLC, you'll need to file a Certificate of Amendment with the Delaware Secretary of State, Division of Corporations. Along with your amendment, you'll need to include a cover letter and the $200 filing fee.
The fee to file the Certificate is $200 and you will receive a stamped ?Filed? copy of your submitted document. A certified copy may be requested for an additional $50.00. Expedited services are available. Please contact our office concerning these fees.
The Delaware LLC is governed by a contract among all the members called the "operating agreement," which all members must sign. As a member, you should have a copy of the agreement, which you can then present to a bank or other official to verify that you are a member of the LLC.
How to Reinstate a Delaware LLC. To revive a Delaware LLC, you'll need to file the Certificate of Revival with the Delaware Division of Corporations. You'll also have to fix the issues that led to your Delaware LLC's dissolution and pay any owed taxes.
Divide ownership of the LLC by calculating total cash investment by the members. Give each member an ownership stake equal to his cash investment. Four members contributing $25,000 apiece would each receive a 25 percent stake in the company.