West Virginia Sale and Assignment of a Percentage Ownership Interest in a Limited Liability Company

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A limited liability company (LLC) is a separate legal entity that can conduct business just like a corporation with many of the advantages of a partnership. It is taxed as a partnership. Its owners are called members and receive income from the LLC just as a partner would. Management of an LLC is vested in its members. An operating agreement is executed by the members and operates much the same way a partnership agreement operates. Profits and losses are shared according to the terms of the operating agreement.


A membership interest may be used to refer to the ownership interest of a member in the LLC. The word unit is often used to reflect the membership interests of a member in the LLC. Some LLC's issue membership interest certificates. To become a new member of the LLC the consent of majority of the members is necessary. A transfer of units of an existing member does not automatically include membership into the LLC.

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FAQ

What Are LLC Member Distributions? An LLC's members do not own shares of stock in their company. Instead, they receive ownership interests that entitle them to a percentage of the LLC's profits, which is usually proportionate to the amount of capital they contributed to the business.

While shareholders in a corporation own stock, an LLC's owners, also known as members, are assigned membership interests as an expression of their ownership stakes. A membership interest may be issued in the form of a percentage ownership interest or number of membership units.

In order to form a limited liability company (LLC) in West Virginia, you will need to name your company, choose a registered agent, and then file your articles of organization. Although an easy and affordable structure to form, it's important to be aware of the unique LLC requirements in the state of West Virginia.

A West Virginia LLC Operating Agreement is a written contract between the LLC Members (LLC owners). This legal document includes detailed information about LLC ownership structure, who owns the company and how the LLC is managed.

A member's distributional interest in an LLC is personal property and may be transferred in whole or in part. Unless otherwise provided in the operating agreement, a transfer of an interest in an LLC does not entitle the transferee to become a member of the LLC or to exercise any right of a member.

The West Virginia Uniform Common Interest Ownership Act controls the creation, authority, management, and operation of common interest communities formed after July 1, 1986. This includes planned communities, condominiums, and real estate cooperatives.

The term member refers to the individual(s) or entity(ies) holding a membership interest in a limited liability company. The members are the owners of an LLC, like shareholders are the owners of a corporation.

?Distributional interest? means ?all of a member's interest in distributions? by the LLC. S.C. Code Ann. § 33-44-101(6). As result of its charging lien, if the LLC makes a distribution to the judgment debtor member, the lender would be entitled to receive the distribution and apply it to the judgment debts.

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West Virginia Sale and Assignment of a Percentage Ownership Interest in a Limited Liability Company