Iowa Assignment of LLC Company Interest to Living Trust

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Multi-State
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US-0576-WG
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Assignment of LLC Company Interest to Living Trust
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FAQ

Most LLC agreements have a rule that members cannot sell or otherwise transfer their LLC interests unless approved in advance (typically by the manager or some percentage of the members) or allowed under another provision of the transfer section, such as an ROFR or ROFO.

The assignment of interest is typically different from selling the ownership stake. Selling a member's ownership stake in the LLC requires unanimous approval by the other members. A departing member may also assign his membership to another member.

The answer is yes. First, trust law permits trusteeswho are acting on behalf of trusts, including revocable truststo own any asset, or almost any asset, that an individual can own, and this includes an interest in an LLC, which qualifies as an asset.

If an LLC member's interest is held in a trust, then the administrator, sometimes called a "trustee," will vote and otherwise exercise the duties and rights of the LLC member. Transferring the membership interest to the trust could require an official transfer document, which is similar to a bill of sale.

Unless the trust agreement explicitly prevents LLC ownership, then there is no law preventing an LLC from being owned by a trust. Most clients prefer their trust own the LLC for privacy, asset protection, avoiding probate and other reasons.

The answer is yes, a trust can own an LLC, either as the sole owner or as one of many owners.

The answer is yes. First, trust law permits trusteeswho are acting on behalf of trusts, including revocable truststo own any asset, or almost any asset, that an individual can own, and this includes an interest in an LLC, which qualifies as an asset.

If an LLC member's interest is held in a trust, then the administrator, sometimes called a "trustee," will vote and otherwise exercise the duties and rights of the LLC member. Transferring the membership interest to the trust could require an official transfer document, which is similar to a bill of sale.

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Iowa Assignment of LLC Company Interest to Living Trust