Washington Assignment of LLC Company Interest to Living Trust

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Multi-State
Control #:
US-0576-WG
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Word; 
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Assignment of LLC Company Interest to Living Trust
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FAQ

Because an LLC and a trust both provide significant benefits to the owner of real property, a smart investor should consider using both a LLC and a trust to adequately protect himself and his property. Utilizing both a trust and a LLC creates the best combination of liability protection and favorable estate planning.

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.

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.

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

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.

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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Washington Assignment of LLC Company Interest to Living Trust