Legal Question in Business Law in Illinois

Foreign Member in LLC

Hi,

I have started a LLC with one partner in Jan 2008 in US. Now my partner is leaving the company. Since i am on H1B visa i cannot be the only partner in the company.. Can I add my father as a member to the company even if he is in India. What form do I have to fill to add him as a member??

Thanks,


Asked on 10/21/08, 4:57 pm

1 Answer from Attorneys
David K. Staub Staub Anderson LLC

Re: Foreign Member in LLC

There is no reason that your father could not be added as a member of the limited liability company (except in the unlikely event that you have elected to have the LLC treated as a corporation and made an S election).

How you do that depends on whether the LLC is member-managed or manager-managed. In the latter case, there is no filing required with the state of Illinois; in the former case, file an amendment to the articles of organization.

David Staub, business attorney

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Answered on 10/21/08, 5:46 pm


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