Your website has been very helpful. I learned a lot (as I might as well do in California if I`m going to do business there). I`m sorry to bother, but I could also get a copy of the member`s operating contract under management. The reference is often the LLC trade agreement: Miscellaneous – The last paragraph states that the whole agreement is not bound by any of the conditions that may not apply in certain legal systems and that, if there are other conditions that should be included in the agreement, that they be registered in this area. In addition, before creating an LLC, you must first decide how many members will participate in the business and choose one of the corresponding enterprise agreements: although in most states, an LLC enterprise agreement is a good idea for members to agree on how the business should be managed and what should happen if a member withdraws. what should happen when the LLC has to close, and other important provisions regarding the life of the business. Hello, I`d say yes. Because when I opened my bank account. They asked me to have an enterprise agreement, and they said it had to be notarized. In my case, the bank I worked with could also become a notary for me. I think a lot of banks offer this service.
Even though I am dealing with overseas contracts and things like opening a satellite office abroad. They still want a notarized organizational agreement. So I guess you should go on and make it notarized. It doesn`t cost much and it doesn`t take much time and I think it would protect you even if you ever need it for legal purposes. But I`m not competent with these things and I can only share my experience. I hope it will help or that the pros will soon be able to react for you. Hello, Samantha, thank you for the kind words. And I`m glad our site was so helpful. Before I get into the theme managed by managers, I would just add a note on how to be the LLC organizer and keep your documentation in order. Since you form the LLC for your son, you will be the organizer of LLC and will sign the Articles of the Organization of California. Your son`s name is not in the statutes because California does not ask for the member`s information on this form.
Thus, after you sign as an organizer and as an LLC, you can sign an LLC Organizer statement in Lieu of Organization Meeting, resign as an LLC organizer and appoint your son as a member. In addition, your son should sign an LLC operating contract. In terms of managing the administration of e.V. Member-Managed, I think you could go both ways. You can choose that the LLC be managed as a manager in the statutes. Then sign a company agreement managed by managers, in which your son appoints you manager. After that, you are the only one empowered to engage the LLC in contracts and agreements. In other words, you will be the only one who can act on behalf of LLC.
However, your son, who is a member, has the power to remove you as a manager because he is the only member (and does not need the agreement of other members, because there is none). However, I think a simpler option is only a member-run LLC, where your son is known as a member of management. It has full authority and the right to engage the LLC in contracts and agreements. However, you can simply be a «consultant» or an independent contractor and you are doing what you are already doing. Supervise and manage until your son has enough experience and maturity to take care of himself. You might have an agreement like this orally, but it`s best to spell it in writing.