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  • Writer's picturePeter Lamont, Esq.

Limited Liability Company Basics

If you're thinking of starting a business, you might have come across the term "LLC." LLC stands for Limited Liability Company, which is a popular business entity type in the United States. But what exactly is an LLC, and what is an LLC Agreement? Let's explore.

What is an LLC? An LLC is a type of business entity that combines the liability protection of a corporation with the tax benefits of a partnership. In an LLC, the owners (called "members") are not personally liable for the company's debts and obligations. This means that if the company is sued or goes bankrupt, the members' personal assets are protected.

LLCs are also "pass-through" entities for tax purposes, which means that the company's profits and losses pass through to the members' personal tax returns. You should always speak to an accountant about the tax implications of an LLC or other business structures.

LLCs are relatively easy to maintain and they offer flexibility in terms of management and ownership structure. They can be owned by a single member or multiple members, and they can be managed by the members or by a separate manager.

What is an LLC Agreement? An LLC Agreement is a legal document that outlines the rights and responsibilities of the LLC's members. It's similar to a partnership agreement or a shareholder agreement for a corporation. The LLC Agreement typically includes the following information:

  • The LLC's name, purpose, and business activities

  • The names and addresses of the LLC's members

  • The initial contributions of each member, such as cash or property

  • The percentage ownership of each member

  • The management structure of the LLC (member-managed or manager-managed)

  • The voting rights of the members

  • The distribution of profits and losses among the members

  • The procedures for admitting new members or transferring ownership

  • The procedures for resolving disputes among the members

  • The procedures for dissolving the LLC

The LLC Agreement is not required by law, but it's strongly recommended for all LLCs. It helps to clarify the expectations and obligations of the members and can prevent disputes down the line. The LLC Agreement is a private document and is not filed with any government agency, but it should be kept with the company's records.

The LLC Agreement is not required by law, but it's strongly recommended for all LLCs.

Conclusion

An LLC is a popular business entity type that offers liability protection and tax benefits. An LLC Agreement is a legal document that outlines the rights and responsibilities of the LLC's members. If you're thinking of starting an LLC, it's important to consult with a lawyer and accountant to ensure that it's the right structure for your business and to help you draft an LLC Agreement that meets your needs.


Do you have questions about starting, maintaining or growing your business? If so, contact us Today at our Bergen County Office. Call Us at (201) 904-2211 or email Us at info@pjlesq.com

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If you would like more information about this post or if you want to discuss your legal matter with an attorney at the Law Offices of Peter J. Lamont, please contact me at pl@pjlesq.com or at (201) 904-2211. Don't forget to check out and subscribe to our podcast and YouTube channel. We have hundreds of podcasts and videos concerning a variety of business and legal topics. I look forward to answering any questions that you might have.

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As with any legal issue, it is important that you obtain competent legal counsel before making any decisions about how to respond to a subpoena or whether to challenge one - even if you believe that compliance is not required. Because each situation is different, it may be impossible for this article to address all issues raised by every situation encountered in responding to a subpoena. The information below can give you guidance regarding some common issues related to subpoenas, but you should consult with an attorney before taking any actions (or refraining from acts) based on these suggestions. Separately, this post will focus on New Jersey law. If you receive a subpoena in a state other than New Jersey you should immediately seek the advice of an attorney in your state as certain rules differ in other states.

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