Crucial Provisions for a Comprehensive LLC Operating Agreement
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- Опубліковано 29 чер 2024
- What provisions do you need to have for every LLC operating agreement? In this comprehensive video, I will delve deep into the seven critical provisions for every LLC operating agreement you need to create a solid foundation for your business.
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Grab your copy of 7 critical provisions for your operating agreement.
📋 docs.google.com/document/d/1N...
Whether you're already an LLC owner or planning to form one, ensuring that your operating agreement includes the proper provisions is crucial. LLC operating agreements are the backbone of every business, providing the guidelines and structure for smooth operation.
🔑 Key Insight "It's so simple to protect yourself here." 8:49
Without a well-drafted agreement, things can quickly become chaotic and complicated. In this highly informative video, we will cover the critical essential provisions for a properly formed LLC operating agreement.
Thank you for taking the time to watch and learn from our video. We hope this information proves invaluable in establishing a robust LLC Operating Agreement.
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Show Notes:
0:00 Intro
0:25 Preview
1:04 Capital Contributions
4:09 Management Structure
4:57 Distribution
6:37 Operating Procedure
7:19 Indemnification and Limitation of Liability Clause
8:53 Limitation of Liability
9:50 Dissolution
11:29 Charging Order
14:16 Outro
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ABOUT CLINT COONS
Clint Coons, Esq. is one of the founding partners of Anderson Law Group, Clint has grown his legal and tax firm to over 400 employees by assisting real estate investors with creating and implementing solid entity structuring plans. His success in these regards is in large part due to his personal investing experience. A successful attorney, real estate investor, and speaker, Clint has used his innovative and dynamic strategies coupled with knowledge borne from experience to help thousands of people save millions of dollars and build real wealth.
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The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by Anderson Business Advisors with its main office at 3225 McLeod Drive Suite 100 Las Vegas, Nevada 89121. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship with Anderson Business Advisors or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice.
#llc #operatingagreement #clintcoons
I don't know how it's possible that i discovered your channel but in 2023 when it's been there for more than 10years. Thank you very much for the beautiful work. THE MOST BEAUTIFUL PART OF YOUR TEACHINGS IS THE WARNINGS AND GUARDS YOU TELL YOUR VIEWERS.....I LOVE IT MENNN...I LOVE THOSE PARTS BECAUSE IT PROVES YOU'RE GENUINELY TRYING TO HELP PEOPLE and not just making videos for views. You want people to succeed. And when people don't understand, you try as much as possible to give further insights through the comment section.
Thank you.
Wow, so generous of you to share your brilliant contribution with your students! Many thanks for your unique contributions to the industry! You are highly respected!!! Thanks again!!!
Thanks
Thank you very much! So considerate of you!
Your suggestions for these provisions are very useful. Thank you so much for sharing these Legal GEMS! Your explanation on each of these was very helpful to understand the need. Then you have followed that up with a link to your Google doc. with the legal wording so we can add as needed to our unique LLC's. You are the best Attorney on UA-cam and wanted to say THANK YOU so much for all that you do!
Thanks
Great advice for operating agreements! Good job boss!
Cint, thanks so much for this. I'm re-stating a couple of Agreements and this is helpful.
Absolute gold. Information worth AU. THX Sir.
Thanks for all info!
**Adjusts tie**
Thanks Clint! 😎
Thanks so much for this content. This was definitely educational and needed!
Great presentation!!
You're very welcome!
Thank you for the clarification and those clauses.
Glad it was helpful!
Thank you
Thank you for all ABA shares to help us do better in businesses❤
You bet!
Superb guidance sir. Well done.
thanks
GREAT CONTENT!!!!
Thanks
Thanks!
Thanks for the super thanks!
Clint, super helpful along with the previous vid on why you need an OA. Could you do a video on unique or key provisions you need in an OA if your member is a qualified ret. plan like a SDIRA or a Solo401K?
Yup. Thanks for the idea.
Hi Clint, great info. I am a bit confused on your 3rd clause. Isn't it true that if you have regularly scheduled distributions in your operating agreement, then a potential creditor could argue that they are entitled to those regular distributions?
Correct. You do not want to take regular distributions.
@@ClintCoons thanks
Please help i cannot find your link on this subject matter. Also this was a very good video. You reminded me of an attorney who setup my 1st company. Once everything was completed he sat down with me in his offices and showed me fhe Indemnification cause l. That he did for my company many years ago.
This is great info, Clint! Thank you for doing this! One question, is this also for single member LLC’s? Also, I see many blank lines wishing your Operating Agreement document. Not sure what I am using to fill those in. Would you mind guiding us with this?
If you would like a FREE 30-minute consultation, you can request one here
- aba.link/30minSession
@@ClintCoons Thanks Clint! I think I will take you up on your offer!!
Thank you for doing this! I have my operating company in California that’s owned by a holding company in New Mexico. Can I take money from operating company directly or is it supposed to flow through holding company?
May I ask why you chose New Mexico?
If you have no direct ownership of the operating company you must first transfer funds to the holding company, then to yourself. If you transfer directly to yourself you open the door for a plaintiff's attorney to argue that they should be allowed to sue the holding company directly, putting everything else in that holding company at risk.
@@bergencounty6602 New Mexico is another "no public listing of members and managers" jurisdiction, like Wyoming is. I assume that's why the OP is using it.
Youre the best, any recommendations on an operating agreement for arbitrage ? How much would you charge me to make one
If you would like a FREE 30-minute consultation, you can request one here
- aba.link/30minSession
Doesn't filing Articles of Dissolution (or the corporate equivalent) start running the clock out on not yet filed claims?
It would depend on the type of claim and statutory of limitations.
Thank you for this information. What if One wanted a provision prohibiting dissolution altogether? What would the strongest, while still enforceable, form of such a provision look like?
Why would you want to use such a provision? I am not sure if it is enforceable.
@@ClintCoons Setting aside enforceability concerns, there can be high aesthetic value in the creation of something you can be certain will continue in perpetuity even if everyone else abandons said something.
Question: If you have a provision that the Manager alone at his discretion must authorize all distributions, but the charging order is against the manager, do you now have a situation where he would be forced to authorize a distribution?
Not at all.
Okay
I am not going to be a lawyer
I know enough to organize that
I will do that when I have a need
Right now I don’t even have a pillow to put in a house
How much does your firm charge to draft an operating agreement for a single member-managed LLC (business)?
It would depend on the type of LLC operating agreement. If you would like a FREE 30-minute consultation, you can request one here
- aba.link/30minSession
Question: If you live in a city that you have to file a business city license,... and they want to know the owner or an agent's name with a copy of their driver license. How would you set this up for anonymity? I'm not sure if the city keeps a public database for anyone to publicly sees who is the owner of the business license. Assuming there is already a wyoming llc used for privacy for filing the business license in the city.
In that situation you my have to disclose yourself as an officer of the LLC. There isn’t any way around it when it comes to business licenses.
@@ClintCoons Thanks for response. I might need to find another place to set this business up
should an operating agreement be recorded? What if it includes a TOD provision?
No you do not record your operating agreement even if it has a TOD. It is private.
Cannot find the link you refer to in this video. Where is the link? Thanks very much!!!
My pleasure!
As much as this video deserves and needs more views, a part of me is glad it doesn't. If every LLC entity implemented your wisdom, the system would have more reason to restrict some of those abilities.
Right. NPR did an episode on anonymous LLCs and used one of my videos to explain how "unscrupulous landlords" hide their identities.