Legal Question in Business Law in Massachusetts
I'm thinking of forming an llc co with a friend who is a minority and I'm not. We are going to put the co
in his 18 yr old daughters name who is also a minority. No where on the paperwork is my name, do I still have legal ownership to
this company?
1 Answer from Attorneys
Unless the operating agreement shows that you own a membership interest, you do not own any part of the company. When you say put the company in his daughter's name, the question is why.While you can name her the Manager, generally the company's owners are not listed.
The operating agreement designates or lists the Members of the LLC and their ownership interest on a schedule and may be amended from time to time and acknowledged by the manager. I would suggest you and your partner spend the few hundred dollars to have someone draft an operating agreement for you and your partner and make sure the LLC is set-up properly.
While I would be happy to assist you and your partner, any attorney who does corporate work can assist you.
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