A Limited Liability Company, commonly referred to as a LLC, is a company that combines the features of a corporation and partnership type business structure. The owners are referred to as members. The main documents that are required to be drafted are the Articles of Organization and the Operating Agreement. The survival of LLCs start by filing the Articles of the Organization with the Secretary of State and the articles have to be in the prescribed format. A state-filing fee needs to be paid. The necessary information that has to be provided includes the date at which the LLC is to dissolve and a declaration as to whether the LLCs will be managed by one manager, more than one manager or by all the owners. Articles may be prepared by lawyers or filed by individuals or the groups interested in forming LLCs.
The formation of the LLC is legally complete when members enter into an Operating Agreement. Though in many states, it is not necessary to draft an operating agreement, it is advisable. Every LLC member's distributive share of profits and loss is specified in the LLC operating agreement. This Operating Agreement may come into being prior to or after filing the Articles of Organization and may be in writing or oral. Each state has different rules regarding the formation of LLC s. Some states demand a publication notice with a local newspaper. Similar to corporate by-laws or partnership agreements, the operating agreement helps to define the company's profit sharing, ownership, responsibilities and ownership changes. The LLC Operating Agreement may range from 12 to 16 pages. It contains information regarding the company's name, address, registered agent information, name and address of each LLC member, date of company dissolution, appointment of LLC officers, accounting method and LLC management structure and operation.
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