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How to Protect Amendment to LLC Operating Agreement

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- Hi guys, Clint Coons here with Anderson Business Advisors, and in this video, we are gonna talk about some of the stupid mistakes (graphics whooshing) people make when it comes to creating their LLC operating agreements. (graphics whooshing) All right. Lets get started. (upbeat music) Okay, so Im gonna talk about some mistakes that I see, oftentimes, when I review existing operating agreements that people have set up with either inexperienced attorneys that are not familiar with creating operating agreements for real estate investors. Or worse yet, you went on the internet, right? You went to Legal, I mean Zoom.com and said, Give me an operating agreement. And you think youre protected. This happens all the time. People have these operating agreements that theyre owning real estate under. Theyre operating their business under, and they dont know whats in there, or more importantly, they dont know whats missing. And as a result of it, this will come up when youre involved

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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How do I amend an LLC operating agreement in California?

To amend your Articles of Organization for a California LLC, submit an Amendment to Articles of Organization with the California Secretary of State. Youll also need to include a $30 (mail) OR $45 (in-person) filing fee.

How do I amend a Delaware LLC operating agreement?

If you need to amend your Certificate of Formation for a Delaware LLC, youll need to file a Certificate of Amendment with the Delaware Secretary of State, Division of Corporations. Along with your amendment, youll need to include a cover letter and the $200 filing fee.

How do you add or remove members from a Delaware LLC?

The LLCs Operating Agreement must be amended to reflect that a new member is now part of the LLC, or to reflect the removal of a member, and all current members must sign the newly amended Operating Agreement, but you are not required to file the amended Operating Agreement with the state of Delaware.

How do you revise an operating agreement?

CONTENTS Step 1: Make a List of the Specific Changes That Need to be Made to the Original Operating Agreement. Step 2: Draft a New Operating Agreement That Reflects These Changes. Step 3: Have All Members Sign It. Step 4: Get It docHubd. Step 5: File It With the State.

How do I file a certificate of amendment in Delaware?

How to file a Delaware Corporation Amendment: To make amendments to your Delaware Stock Corporation, you submit the completed State of Delaware Certificate of Amendment of Certificate of Incorporation form to the Department of State by mail, fax or in person, along with the filing fee and the Filing Cover Memo.

How to change the name of a Limited Liability Company Act in Delaware?

Yes, you can change the name of your LLC by filing a Certificate of Amendment with the Delaware Secretary of State and paying the filing fee. There is no limit to how many times you can change the name of an LLC.

Does a Delaware LLC operating agreement need to be docHubd?

An LLC operating agreement does not need to be docHubd.

How do I amend my LLC operating agreement in NY?

To make amendments to your New York Limited Liability Company, you must provide the completed Certificate of Amendment to Articles of Organization form to the New York Department of State by mail, fax or in person along with the filing fee.

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