Maryland LLC Operating Agreement for Married Couple
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FAQ
Before you add a new LLC member, you should fully consider both the benefits and the potential consequences. A new owner can contribute a great deal to an LLC but will also diminish the percentage of profits that go to the original owners.
Your spouse can be an employee, an independent contractor, or a member of your LLC (limited liability company). If you own a single-member LLC, you can run into liability and tax headaches if your spouse helps out regularly.
The straightforward answer is no: You are not required to name your spouse anywhere in the LLC documents, especially if they aren't directly involved in the business.
Every Maryland LLC owner should have an operating agreement in place to protect the operations of their business. While not legally required by the state, having an operating agreement will set clear rules and expectations for your LLC while establishing your credibility as a legal entity.
Your options are: Partnership, with each spouse having a partnership share. Limited Liability Company (LLC), with each spouse having a membership share, or. Corporation (with the possibility of electing to be an S corporation)., and each spouse as a shareholder.
If your LLC has one owner, you're a single member limited liability company (SMLLC). If you are married, you and your spouse are considered one owner and can elect to be treated as an SMLLC.
Member LLC Operating Agreement is a document that establishes how an entity with two (2) or more members will be run. Without putting the contract into place, the entity is governed in accordance with the rules and standards established by the state, which may or may not align with the company's goals.
Since the default rule for multi-members LLCs is that the LLC is treated as a partnership, an LLC composed solely of a husband and wife will be a partnership for tax purposes unless the members choose to have it elect to be treated as a corporation. There is one exception to the general rule, however.
Overview. If your LLC has one owner, you're a single member limited liability company (SMLLC). If you are married, you and your spouse are considered one owner and can elect to be treated as an SMLLC.