Legal Question in Business Law in Georgia

Re: Adding a member to an LLC

Your question depends a lot on what the Operating Agreement says. In addition, your question is not completely clear. Usually, one has to be a manager to sign documents on behalf of the LLC, but you asked about her signing "as said member," which may mean you have something else in mind. Simply adding a new member will not, in and of itself, somehow result in the LLC being converted into a partnership. If you give her a membership interest, there could be tax consequences. As for where to file, depending on how this is handled, you may not need to file anything anywhere.

Needless to say, a good bit more information is needed. The botom line is that you will need to speak with an attorney about what you are trying to accomplish and also provide a copy of the Articles of Organization and Operating Agreement. After you do that, you should be able to get an intelligent answer. I'd be happy to help, but any lawyer who works regularly with LLCs should be able to help you.

Re: Adding a member to an LLC

Mr. McClain's advice is very apt. An LLC with multiple members is not a partnership, but it is treated as a partnership by the IRS for tax purposes. If you simply want to give her signing authority, you may make her an officer and/or manager without any ownership interest. But you will need an operating agreement memorializing this.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.