Delaware LLC Agreement - Open Source

State:
Multi-State
Control #:
US-ENTREP-0063-1
Format:
Word; 
Rich Text
Instant download

Description

An LLC Operating Agreement allows you to set out your own policies about the operation of your business, rather than being subject to your state's default LLC laws.

Delaware LLC Agreement — Open Source is a legal document that outlines the operating terms and conditions of a limited liability company (LLC) formed in the state of Delaware, offering open-source provisions. This agreement serves as a guiding blueprint while establishing and managing an LLC, ensuring all members have a clear understanding of their rights, responsibilities, and the overall functioning of the company. Key Features: 1. Ownership Structure: The agreement addresses the ownership structure, clarifying the percentage of ownership attributed to each member and outlining the process of acquiring or transferring ownership interests. 2. Capital Contributions: The agreement specifies the initial capital contributions made by members and provides procedures for future contributions, if necessary. It outlines how additional capital will be raised or invested to further the company's objectives. 3. Profit and Loss Distribution: The LLC agreement outlines how profits and losses will be distributed among the members. This can be based on ownership interests or other agreed-upon criteria, ensuring transparency and fairness. 4. Management and Decision-making: It defines the management structure, designating whether the LLC will be member-managed or manager-managed. It also outlines decision-making processes, voting rights, and the appointment/removal of managers or officers. 5. Dissolution and Exit Strategies: The agreement details the circumstances under which the LLC can be dissolved and the steps involved in the liquidation and distribution of assets. It may also specify exit strategies, such as buy-sell provisions or procedures in case a member wishes to withdraw or sell their interest. Types of Delaware LLC Agreement — Open Source: 1. Single-Member LLC Agreement: This agreement is designed for LCS with only one member, who has full control over the company's operations and decision-making. 2. Multi-Member LLC Agreement: This agreement is suitable for LCS with multiple members, outlining the rights, obligations, and responsibilities of each member, ensuring equal treatment and resolving conflicts. 3. Series LLC Agreement: For LCS formed as a series, this agreement provides specific provisions for individual series within the company, allowing segregation of assets, liabilities, and member interests. In conclusion, the Delaware LLC Agreement — Open Source plays a crucial role in establishing a well-structured and transparent LLC in Delaware. It offers flexibility by accommodating different types of LCS and tailoring the agreement to the members' specific requirements, ensuring a solid foundation for successful business operations.

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How to fill out Delaware LLC Agreement - Open Source?

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FAQ

?For most business owners, forming their LLC in Delaware will not offer many benefits. It instead ends up being an unnecessary and often expensive step.? That extra step of registering as a foreign entity costs valuable time and additional filing fees?both upfront and on an ongoing basis.

Can I Be My Own Delaware Registered Agent? An individual and entity can act as their own Delaware Registered Agent for their business if they have a physical street address in the State of Delaware.

If you're looking to form an anonymous LLC, New Mexico is probably your best bet. It's the only state that lets you keep your name off the public record, which means you get a ton of privacy and protection for your assets. Plus, the filing fees in New Mexico are very reasonable, making it a popular choice.

Delaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.

Can I still form an LLC in Delaware? Yes, a non-resident with no physical address in Delaware can form a Delaware LLC. The State of Delaware only requires the company to have a Registered Agent in Delaware.

Anonymous LLCs are limited liability companies where the LLC member names are not available publicly. Identities are protected by the state the LLC is registered in. Anonymous LLCs can be created by registering the business in a state where anonymous LLCs are allowed.

Delaware allows anonymous LLCs where the LLC's owners do not have to make their name and address a public record. The registered agent's address appears on the public record, keeping your address private. Maintain your LLC's good standing. Missing a tax deadline will jeopardize your LLC's status in Delaware.

For Delaware LLCs formed and maintained through Harvard Business Services, Inc., the state of Delaware's public record will, therefore, contain no information about your LLC's members and/or managers. 100% of your Delaware LLC is not on the public record, making Delaware one of the best states for LLC privacy.

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More info

You should include the appropriate cover memo and filing fee of $75. Additionally, remember that your official name must include the words “limited liability ... Oct 9, 2023 — Step 1: Select a Unique Name for Your LLC · Step 2: Appoint a Registered Agent · Step 3: Draft and File a Certificate of Formation · Step 4: Draft ...Jul 29, 2022 — Choose an idea for your LLC · Name your Delaware LLC · Create a business plan · Get a federal employer identification number (EIN) · File your ... Apr 27, 2023 — Are you ready to form your Delaware LLC, but not sure what to do? Here's a video walk through to what you need to form your Delaware LLC ... 1. Name your Delaware LLC; Additional considerations: · 2. Choose your registered agent · 3. Prepare and file a Certification of Formation of a limited liability ... This sample agreement is based on the formation of the LLC in Delaware. Certain features, such as the elimination of voting rights for nonvoting members, may ... Aug 10, 2020 — To file a Certificate of Formation, all you'll need is the new LLC's name, then choose one of our formation packages and provide basic contact ... THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (the “Agreement”), dated as of December 15, 2008, is entered into by and among FRONTIER RENEWABLE RESOURCES, ... Feb 16, 2023 — Step 1: Name your Delaware LLC · Step 2: Appoint a Registered Agent for your LLC · Step 3: File Your Delaware LLC Certificate of Formation · Step 4 ... Nov 18, 2022 — You can complete it online and submit it using the Delaware Division of Corporation's Document Upload Service.

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Delaware LLC Agreement - Open Source