Naming the Members of a LLC

2 Replies

I am reviewing the process of setting up a LLC in NY, I don't see an area where the government asks who are the members of the LLC?

It only asks for the name of the person or agent in case papers need to be served.

Other than that, I don't see anywhere that asks for the info about the LLC members.

How does the government know or verify who the members are?

Do we just put that in the operating agreement and that's all? Does that alone make it official who are the members of the LLC.

Any advice would be appreciated

thanks

MJ

As far as I know you would add the members in the operating agreement. You may or may not have to submit the operating agreement to the state... In Arizona we just added them into the operating agreement and had everyone sign. You could also get that agreement notarized. Ask the filing office..:)

You may not have to name all of the members just one primary officer. For example, I am currently setting up an LLC on property that I am going in 50/50 with my biz partner/mentor. This will be our first property together and we are having a real estate attorney set up the LLC. The real estate attorney is filing our LLC paperwork for us and his name is the only one on it. The state will have no idea who we are and only our attorney.

Of course, you do not have to have an attorney set up the LLC, it is much cheaper to do it yourself but legally we are much more protected with an attorney. I have another LLC set up on my own as a blanket over all of my "investments" and this one I set up myself, cost $50 as compared to about $800. My name is on this one as the primary office/manager.

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