Question regarding LLC structure and liability protection

[Changseok Kim]

Hi BP members, 

I have not given much thought about liability protection until now, but I recently started reading books written by Garrett Sutton, and cannot help having questions. 

(1) Does Michigan afford charging order protection to single-member LLCs? 

(2) currently my business is owned by me and my wife. Is this still considered as a single-member LLC?

I will appreciate any tips and advice. 

Thank you!

[Jason Marino]

With regard to whether you can create an Operating Agreement for an LLC that is already in existence, the response is yes. People regularly modify or replace their Operating Agreements for existing LLCs. As for whether the corporate veil could be pierced for the lack of that documentation existing in the past but now existing, that would be a fact specific scenario, as stated above. Despite this, I would still recommend that you put an Operating Agreement in place and that it be drafted by a legal professional in order to avoid potential issues.