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Sample Limited Liability Company LLC Operating Agreement with company...

Florida Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares

Category:

Limited Liability Company - Operating Agreements

State:

Multi-State

Control #:

US-0689-WG

Format:

Instant download

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. There is no tax on the LLC entity itself. The members are not personally liable for the debts and obligations of the entity like partners would be. Basically, an LLC combines the tax advantages of a partnership with the limited liability feature of a corporation.

An LLC is formed by filing articles of organization with the secretary of state in the same type manner that articles of incorporation are filed. The articles must contain the name, purpose, duration, registered agent, and principle office of the LLC. The name of the LLC must contain the words Limited Liability Company or LLC. An LLC is a separate legal entity like a corporation.

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.

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How to fill out Sample Limited Liability Company LLC Operating Agreement With Company Assets Divided Into Ownership Shares?

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FAQ

How to Write an Operating Agreement Step by StepStep One: Determine Ownership Percentages.Step Two: Designate Rights, Responsibilities, and Compensation Details.Step Three: Define Terms of Joining or Leaving the LLC.Step Four: Create Dissolution Terms.Step Five: Insert a Severability Clause.

Unlike S corporations that must base their distribution calculations on the number of shares per person, LLCs can use alternative criteria to distribute LLC assets during dissolution. Membership interest of LLC owners can be transferred from person to person.

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.

Partnerships and LLC agreements will sometimes allow investors to distribute assets to investors disproportionately, although many partnership agreements call for these disproportionate distributions to be cured at some later date (such as upon winding up of the business or the sale of the ownership interest).

In an LLC, there's two main ways to grant equity. One is via an employee buy-in, where they buy the stock at its market value (either at hire or over a set time). The second method is through what's called profit interest units, where you grant a share of the profit without their contributing anything.

Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.

Most LLC operating agreements are short and sweet, and they typically address the following five points:Percent of Ownership/How You'll Distribute Profits.Your LLC's Management Structure/Members' Roles And Responsibilities.How You'll Make Decisions.What Happens If A Member Wants Out.More items...?

Percentages of Ownership Members usually receive ownership percentages in proportion to their contributions of capital, but LLC members are free to divide up ownership in any way they wish. These contributions and percentage interests are an important part of your operating agreement.

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.

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