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The state of Georgia does not require LLCs to have Operating Agreements. However, you will need one if you want to make it easy for you and your co-members to do business together.
Preferred returns for an entire syndication can be calculated by multiplying the equity from the investor class by the preferred rate. For example, if $1 million is raised from investors to purchase a property, and the preferred rate is 6%, the annual preferred return would be $60,000.
In the event of sale of your company, the preferred return clauses on the sale price enable some of your investors to receive, in some cases, part of the sale price before other investors or yourself.
What is a preferred return? A preferred return is a profit distribution preference whereby profits, either from operations, sale, or refinance, are distributed to one class of equity before another until a certain rate of return on the initial investment is reached.
?Preferred Return? means the return to a Member that would accrue on Unreturned Capital at eight percent (8%) per annum (cumulative, but not compounded); provided, however, such amount shall not begin to accrue on any Capital Contribution, or any portion thereof, as applicable, until such time as the Company transfers ...
The preferred investors will be the first to receive returns up to a certain percentage, generally 8 to 10 percent. Once you reach this profit percentage, the excess profits are split among the rest of the investors as agreed upon in negotiations. This type of return is most commonly used in real estate investment.