With the Delaware LLC, the members are free to organize the LLC in whatever manner they choose, with near-total freedom to define the relationship among the members and the terms governing the operation of the entity. The fundamental terms of an LLC’s ownership, operation and management are set forth in its LLC agreement. The LLC agreement has been a popular topic in many other blog postings. This posting will focus on the LLC’s potential for perpetual existence, highlighting just how flexible the Delaware LLC can be and why over 70% of our new formations are the Delaware LLC!
The LLC agreement not only governs terms such as sharing of income and liabilities, it also sets forth the terms governing the liquidation of the entity and the replacement of members. An LLC does not have a fixed life term, and can remain in existence, even after the death of one or more members. A carefully drafted LLC Agreement can help to ensure a smooth transition of control after the death of a key member. The LLC agreement will allow control over the LLC, its assets and/or its business to be passed along to individuals designated within the agreement
Here's an example of how it works however be sure to involve your attorney in the strategic planning process to be sure it is right for your particular situation.
It is important to remember that an LLC Agreement is not filed or otherwise provided to the state of Delaware and is not available for public inspection or part of the public record.
Structures such as these can be used for holding of real estate, passing along of a family business or any large asset. The structure allows the family business/asset to be transferred from one generation to another, in theory, forever! The long and costly procedures associated with probate and interpretation and implementation of wills can be avoided, allowing for a quick and seamless transition in the event of a passing.
This structure is an example of how flexible the Delaware LLC can be while providing the members’ freedom of contract with one another upon whatever terms they deem best suited to their circumstances and goals.
For free LLC agreement templates for many different situations, including the situation discussed in this blog, visit this page
When you are ready to form your new LLC, we are here to help! Reach out to us at firstname.lastname@example.org or call with any questions 1 800 345 2677
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