Category: Limited Liability Companies and Corporations
-
Are you required to issue membership certificates for your LLC?
A membership certificate for your LLC details an individual’s ownership in the LLC. The membership certificate lists the ownership in the certificate as a number of units. For instance, an LLC certificate might provide that Elvis Presley has 100 units in King Creole, LLC. An LLC membership certificate is not required by law for your…
-
Are There Benefits to Forming an LLC in Delaware?
When forming an LLC, the general rule is to form your LLC in the state where you will be doing business. A few reasons are because if you are doing business in one state, but you form your entity in another state, then your company’s structure will be more complicated, it will be more expensive…
-
Should you form your LLC in another state?
Whether you should form your LLC in another state other than your home state depends on the reasons you are forming an LLC and type of business you are running. The benefits of forming an LLC outside of your home state are often overhyped and may not even apply to you. Some of the good…
-
An LLC Operating Agreement can avoid probate in Florida
An operating agreement is not required, but it is recommended because it can address important aspects of your limited liability company (“LLC”), such as, the management of the LLC, powers of the managers/members, ownership interest, transfer of ownership interest, how new members can be added, how a new manager can be elected, voting, how profits…
-
What are the reasons an LLC is dissolved in Florida?
An LLC is dissolved in Florida for one of three overarching reasons: It should be noted that even if your LLC is dissolved, that does not mean it is gone forever. Depending on the reason an LLC was dissolved, it can be reinstated by filing a reinstatement application with the Florida Division of Corporations.
-
How do you transfer your real estate to your LLC?
The simplest and most cost-effective way to transfer your real estate to your limited liability company (“LLC”) is by quitclaim deed. A quitclaim deed is a deed that transfers property “as is” to another party. Here are some things to consider when transferring your real estate to your LLC: Homestead – If your property is…
-
Does your LLC need an Operating Agreement to complete a real estate transaction?
Your LLC is not required to have an Operating Agreement to complete a real estate transaction. If no Operating Agreement exists, then the attorney closing your transaction will need to speak with you about the ownership structure, membership, and management of the LLC. The attorney will need to check the state’s website where your LLC…
-
How should you sign on behalf of your LLC?
The individual who is authorized to sign on behalf of your LLC will need to sign appropriately to prevent the risk of personal liability. Instructions on how to sign appropriately are as follows: An example of an appropriate signature for an LLC is: ABC, LLC, a Florida limited liability company By: John Doe John Doe,…
-
Who has authority to sign on behalf of your LLC?
If your LLC is a single-member LLC, then the single member will, by default, be the only authorized signatory. If the LLC is a multi-member LLC, then the managing member is usually the one with authority to sign, but it depends on the LLC’s governing documents. An LLC’s operating agreement can specify who the authorized…
-
Should your Florida LLC have an Operating Agreement?
Florida law does not require LLCs to have an operating agreement, but your LLC should have one. Your operating agreement is the blueprint for your business and can make the process of doing business much smoother. Here are some reasons having an operating is beneficial: Beneficial for doing business – An operating agreement is often…