Business
LLC Operating Agreement
North Carolina
I'm a real estate investor and entrepreneur looking to reorganize 2 businesses and a couple properties into 1 investment company. Is this something you can advise on?
I'm an investor and business owner with a few income producing assets that have me overwhelmed. I think consolidating everything into a holding/parent company might be the solution.
Answers from 1 Lawyer
Answer
Business
North Carolina
Holly T.
ContractsCounsel verified
June 10, 2022
Hi, Yes I can help with this.
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LLC Operating Agreement
California
LLC and capital structure?
I am the founder and owner of a small business that is in the process of transitioning to an LLC. I am interested in understanding the capital structure of an LLC and how it differs from that of a sole proprietorship. I am looking for advice on how to ensure that my business is properly capitalized and structured in order to maximize its potential for success.
Russell M.
Well, putting aside the very important detail that an LLC offers limitation of liability and a sole proprietorship does not, the difference between a sole proprietorship and an LLC is that you can allocate the profits to others through membership interests. This means you can bring on one or more investors and allocate the capital appreciation, profit and cash flow to the investors with the same or different terms from your interest, and that you can share profits with employees through a "profits interest". There is a great deal of flexibility that you can use through a properly drafted operating agreement.
Read 1 attorney answer>Business
LLC Operating Agreement
California
Can an LLC operating agreement be modified without the unanimous consent of all members?
I am a member of an LLC and we currently have an operating agreement in place that outlines the rights and responsibilities of each member. However, there have been some changes in the business and I believe that certain provisions of the operating agreement need to be modified in order to better reflect our current needs and goals. Some members are resistant to these changes and I would like to know if it is possible to modify the operating agreement without obtaining unanimous consent from all members, and if so, what steps need to be taken to make these modifications legally binding.
Dolan W.
Hello! My name is Dolan and I'm happy to help. Generally, an agreement can't be modified without the consent of the parties involved and additional consideration included (e.g. something in exchange). Whether the operating agreement can be changed depends on the terms itself. The parties can agree that only a majority vote is needed or may require a unanimous agreement for something like this. We can review the operating agreement for you and let you know what your rights are and offer some advice. Best of luck!
Read 1 attorney answer>Business
LLC Operating Agreement
Idaho
Who do I submit my operating agreement to?
I understand that for a LLC for rental property, liabilty protection, an operating agreement is good. However, once this is completed, what do you do with the agreement to ensure your protected? Does it get filed with the State of the LLC or is it something that can just be filed away at home. It seems it would need to be filed or someone could just change the agreement at home dependent on any situation that came up to protect themselves better which seem like fraud.
T. Phillip B.
The operating agreement is just one of the many things you need to do to show that you are treating this LLC as separate from you personally. With that being said, you will put the operating agreement into a records books with other things like your articles of organization, other government filings, membership ledger, etc. Then keep it at the primary place of business.
Read 1 attorney answer>Business
LLC Operating Agreement
Kansas
Can an LLC operating agreement be modified without the consent of all members?
Can an LLC operating agreement be modified without the consent of all members? I am a member of an LLC and we have been operating under a certain agreement for several years. However, there have been some changes in our business and it is necessary to make amendments to the operating agreement. One of the members is reluctant to agree to the changes, but the majority of us believe it is in the best interest of the company. We want to know if it is possible to modify the operating agreement without the unanimous consent of all members, and if so, what steps are required to do so legally.
Cherie M.
It primarily depends on what your operating agreement says regarding consent for making changes. That will control the process. If it is just changes to the operating agreement, it does not need to be reported to the Secretary of State. Changes to the Articles of Organization would need to be reported, however.
Read 1 attorney answer>Contracts
LLC Operating Agreement
North Carolina
I have a established LLC need to setup operating agreement - what is estimate cost ?
I have a established LLC need to setup operating agreement - what is estimate cost ?
Cindy A.
It depends on the industry and complexity of the purpose of the agreement.
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