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Articles of OrganizationArticles can state a date upon which an LLC expires. If no expiration date is stated, the LLC continues perpetually. Members can also list events in an operating agreement that shall cause an LLC to terminate, such as bankruptcy or a member's death.
To make amendments to your Limited Liability Company in Utah, you must provide the completed Articles of Amendment to Articles of Organization form, with the non-refundable processing fee, to the Division of Corporations & Commercial Code by mail, fax or in person.
Most states do not require LLCs to have this document, so many LLCs choose not to draft one. While it may not be a requirement to have an operating agreement, it's actually in the best interest of an LLC to draft one. And by drafting it, I'm referring to creating a written operating agreement.
Amending your LLC's Operating Agreement is a pretty straightforward task: members need to approve the change and then you need to document it. Amendments don't need to be filed with the state; you just need to keep the amendment with your Operating Agreement as an internal document.
A sole proprietorship is useful for small scale, low-profit and low-risk businesses. A sole proprietorship doesn't protect your personal assets. An LLC is the best choice for most small business owners because LLCs can protect your personal assets.
What should an LLC operating agreement include?The legal name of the company.Any fictitious business names or DBAs.The company address.Name and address of your registered agent (who accepts legal service of process on your behalf.) Every LLC must have a registered agent under state law.
An LLC operating agreement is not required in Utah, but is highly advisable. This is an internal document that establishes how your LLC will be run. It sets out the rights and responsibilities of the members and managers, including how the LLC will be managed.
Utah LLCs have to file a completed Articles of Amendment to Articles of Organization form with the Division of Corporations and Commercial Code. You can submit by fax, mail, or in person. If you choose to fax the document, you will need to attach a Fax Cover Letter. The filing of an amendment comes with a $37 fee.
In Utah, the corporate income tax generally is calculated at a flat 5% of Utah taxable income with a minimum tax of $100. If your LLC is taxed as a corporation you'll need to pay this tax. The state's corporate income tax return (Form TC-20) is filed with the Utah State Tax Commission (TC).
Amendments to LLC operating agreements are used when members vote to change or make additions to their operating agreement. The existing operating agreement will specify the number of votes required to amend it. Either a majority or a two-thirds vote of the members is normally required.