Illinois Assignment of LLC Company Interest to Living Trust

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

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.

Here is how you can transfer your LLC to your Trust:Draft and Execute the Transfer Document.Draft and File an Amendment to your Articles of Organization with the Arizona Corporation Commission.Amend the Operating Agreement.Have LLC Members Sign a Resolution Accepting Transfer.

By placing a business into a living trust -- a trust that is created for you and your family's benefit while you are alive -- you transfer legal ownership of your business to the trustee, which is usually a third party but can also be the business owner.

When it comes to owning and operating a business one of the most tax effective and flexible business structures is a discretionary family trust. It is not uncommon for a business to be started as a sole operator or a partnership of individuals, and then transfer the business to a family trust.

If you're wondering can a trust own a corporation, the answer is yes, but only specific types of trusts qualify. As a legally separate entity, a trust manages and holds specific assets for a beneficiary's benefit.

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.

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.

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Illinois Assignment of LLC Company Interest to Living Trust