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Bienes Raices
  • Orlando, FL
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"Manager Managed" LLC, and the Operating Agreement

Bienes Raices
  • Orlando, FL
Posted May 27 2010, 08:59

I formed my LLC a few months ago using a service, and received the Articles and Operating Agreement by mail from them.

The service advised me to make the LLC "Manager Managed" (with myself as the manager), rather than "Member Managed", so I did. I told them I wasn't sure whether there would be any other members in the LLC, or just myself, and they said this didn't matter, that it could still be "Manager Managed", even if it was a single member LLC.

As it turns out, I need to keep the LLC with me as the only person in it, due to issues with the homeowner's insurance carriers in this area.

The operating agreement that I received from the LLC formation service has several places to be filled out and signed. It has one sheet where the members agree to elect a person as manager, and another sheet where all the members are supposed to be listed. However, there are no "members" in this LLC--there's just me, the manager.

Should I leave these pages blank, or fill in my name and put "manager" in parentheses, or try to find a different operating agreement that works for a single member LLC? The service keeps telling me that no one will ever see the operating agreement, but if I were ever sued, I wouldn't want to have to produce it in court and have the judge claim it was a sham because it was set up for multiple members, when it's actually a manager-managed LLC with only one person in it. Thanks.

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