The creation of an LLC by filing organizational articles with the state is one thing, but it does not guarantee that the company protects members from personal liability. When a problem arises, the courts are known to ignore the LLC if it results from the facts that the owners of the business have failed to effectively separate the business from themselves. Things like the handling of personal and business accounts as one-on-one can lead a court to establish that the business was never really a separate unit of the person in nothing but names. Like the opening of separate commercial bank accounts, establishing an enterprise agreement with formal rules on the operation of the business (and the fact that it does comply with those rules) can prove to a court that the company did operate independently of its owners. From a liability perspective, it can be a great determination when certain problems arise. This is perhaps the most important reason why each LLC should have a signed operating contract, even if it is relatively simpler. Although each state has its own LC law, most of them are extremely reluctant to enter into enterprise agreements and apply certain provisions of the statute only if there is no enterprise agreement that says otherwise. It`s important, tell me. Why not just accept status as your enterprise agreement? It must seem a lot simpler.
Well, LLC statutes often contain unexpected provisions that can lead to radically different results than you intend to make. For example, in Michigan, if you do not have an enterprise agreement that determines how distributions should be distributed among the owners of the LLC (so-called members), all distributions of cash or other assets must be distributed equally to all members. If you did not give voting rights in an enterprise agreement, a standard “one member, one vote” rule applies in Michigan. This means that even if your friend brought only 5% of the capital to the company without a written agreement, he could technically claim 50% of the profits and have the same power in decision-making! The question you have to ask yourself, what all small entrepreneurs ask themselves, is, “Why do I need a business contract with myself?” Well, there`s a great reason… For protection! So if you want someone in particular (like someone who knows the company and has worked there for a long time) to take control of your LLC if something serious happens to you (like someone who knows the business and has worked there for a long time), you have to indicate it in your corporate contract. If you don`t, you may have a situation in which you become unable to act and your 2-year-old daughter is expected to take over the business and manage it. A limited liability company (LLC) is a popular business entity for business owners. (An entity is also referred to as the business structure.) While an LLC has few government registration formalities, business owners should take the time to create an LLC to ensure they have a good corporate agreement LLC – because it is the key LLC document that controls how the business is structured and operates.