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Florida Sale and Assignment of a Percentage Ownership Interest in a Limited Liability Company

Category:
Limited Liability Company - Business Sales
State:
Multi-State
Control #:
US-01377BG
Format:
Word; 
Rich Text
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Description

A limited liability company (LLC) is a separate legal entity that can conduct business just like a corporation with many of the advantages of a partnership. It is taxed as a partnership. Its owners are called members and receive income from the LLC just as a partner would. Management of an LLC is vested in its members. An operating agreement is executed by the members and operates much the same way a partnership agreement operates. Profits and losses are shared according to the terms of the operating agreement.


A membership interest may be used to refer to the ownership interest of a member in the LLC. The word unit is often used to reflect the membership interests of a member in the LLC. Some LLC's issue membership interest certificates. To become a new member of the LLC the consent of majority of the members is necessary. A transfer of units of an existing member does not automatically include membership into the LLC.

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FAQ

Changing Ownership of an LLC in Florida ? In Detail Although members are not required to file any changes in ownership of an LLC with the State of Florida, they must make it public. Hence, they can report the changes in ownership either by filing Articles of Amendment or an Amended Annual Report.

Typically, the business owners must write a resolution to amend the LLC Operating Agreement to change the ownership percentages and then have the owners sign it to document their approval.

Assignment of interest in LLCs happens when a member communicates to other members his/her intention to transfer part or all of his ownership rights in the LLC to another entity. The assignment is usually done as a means for members to provide collateral for personal loans, settle debts, or leave the LLC.

In the case of corporations, an ownership interest is represented by ownership of voting stock. In the case of partnerships or limited liability companies, an ownership interest is represented by total interest in capital and profits.

You must file Florida LLC Articles of Amendment by mail, fax or in person with the Florida Division of Corporations. Accompanying the filing, you must submit a $25 processing fee. You must also include a Cover Letter which lists the name of the LLC and the name and contact information of the filer.

Assignment of Membership Interest Agreement This is a document for reallocating a given member's level of ownership in a company. In this instance, it will be used to transfer Florida LLC membership interest to your chosen trust, rather than to another member or individual.

For example, if Peter and Mary are members of a two-member LLC, and Peter has a 40 percent ownership interest, and Mary has a 60 percent ownership interest, then, under state rules, Peter would be allocated 40 percent of the LLC profits, and Mary would be allocated 60 percent.

How to Amend an Operating Agreement Complete Cover Letter. You must complete the cover letter by providing your LLC's name and contact information of its registered member or authorized member. Complete Articles of Amendment. ... Change Any Other Information. ... Pay Applicable Filing Fees. ... 5. Mail Materials to Registration Section.

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