Wisconsin 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

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 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.

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.

A transferable interest is defined in the New Act as The right, as initially owned by a person in the person's capacity as a member, to receive distributions from a limited liability company, whether or not the person remains a member or continues to own any part of the right.

To make amendments to your Wisconsin LLC's articles of organization, provide Wisconsin Department of Financial Institutions Form 504, Articles of Amendment Limited Liability Company. The form is optional; you may draft your own Articles of Amendment.

A membership interest represents an investor's (called a "member") ownership stake in an LLC. A person who holds a membership interest has a profit and voting interest in the LLC (although these may be amended by contract). Ownership in an LLC can be expressed by percentage ownership interest or membership units.

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.

While membership interests are freely transferable in the sense that any member generally can transfer his or her economic rights in the LLC (subject to the operating agreement, a stand-alone buy-sell agreement, and state law), the management or voting rights in the LLC are usually what are restrictedotherwise, other

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.

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Wisconsin Assignment of LLC Company Interest to Living Trust