Category: Limited Liability Companies and Corporations
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How do you change ownership of an LLC in Florida?
Changing ownership of a Florida limited liability company (“LLC”) is simple. You can change ownership by using an Operating Agreement or an amendment to your Operating Agreement. An Operating Agreement is a private document that governs the internal operations of the LLC. An Operating Agreement is where you list the members and managers of the…
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Can a trust own membership interest of an LLC?
Someone owning membership interest in a limited liability company (“LLC”) is considered a member of the LLC. Under Florida law, a “member” of an LLC is broadly defined as any “person.” Florida law defines “person” as an “individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory…
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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…
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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…
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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…
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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…
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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.
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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…
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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…
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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,…