South Dakota 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

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.

Yes, an irrevocable trust can own an LLC. We generally advise this for clients as part of their estate planning process when they have active business interests to protect or want to pass onto their heirs.

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

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.

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.

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.

Under an irrevocable trust, legal ownership of the trust is held by a trustee. At the same time, the grantor gives up certain rights to the trust.

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South Dakota Assignment of LLC Company Interest to Living Trust