Business Review

April 29th

  • Operating agreement terms
  • Buy sell agreement and rules
  • Labor law compliance
  • S LLC election
  • Annual reports
  • Annual meetings
  • Change of Address
  • If my LLC has multiple members, what is the latest date I must send them the annual K-1 statement?
  • State franchise tax numbers
  • I didn’t put a capital contribution on the operating agreement on the operating agreement sigh when I first signed it. How do I put correct that?
  • My wife and I have a LLC, and I listed her as having 100% ownership. Should we split it 50 50 or 60 40 etc.
  • They have sent me a lot of documents. Do I need to download all of them?
  • LLC vs S Corp tax treatment
  • California management of Oregon LLC.
  • Capital Contribution, Loans, Start-up expenses.
  • Partnership Quarterly tax filings.
  • Employment withholding.

Business Plan

paying yourself owners draw

as a realtor

schedule “A” capital contribution

amount of interest on a loan

paying interest through a company bank account.

Rental properties / collection problems

probate strategies

Using a holding company to collect rent

AZ post-filing requirements

When should the state annual report be filed?

using a living trust to manage taxes.

Adding your spouse to an LLC


Conference Call

I have an LLC and I did not file anything for taxes. What are we supposed to do?

Would you have a template that we can use?

if we didn’t make money last year, but spent more money trying to get the business going, do we still need to file tax?

single filing jointly

North Carolina Attorney General / real estate scams

what happens when someone dies / trust / will

selling real estate through LLC profits / capital gains

how do partnership LLC pay their members? and there are no other employees?

My current LLC was formed with an individual who no longer wants to be in the partnership. What is involved in removing this individual and replacing with another?

generally speaking what do you recommend for assets protection?

How can I operate a company that protects me?


Getting ready for your Annual Meeting

Many of our clients ask whether or not they have to hold an annual meeting if their entity is an LLC. Since it is not required by law in most states, why bother?

The answer goes back to common sense. You must be able to show a court of law that you are running a professional organization, separate and distinct from you, the owner, in order to maintain your liability protection.

Why would you give up the opportunity to run – and document – a formal meeting that shows you are acting in a professional manner?

More importantly, most operating agreements state that an annual meeting must be held.

Failing to abide by the terms of an agreement that, most likely, you signed, can seriously damage your protection.

The key here is not to fuss over the meeting, but to hold it in a manner that is fun.

First, choose a restaurant that you particularly enjoy – or perhaps one that you have always wanted to visit, as long as the bill will be reasonable for the level of business your company brought in last year. If you are on vacation, holding your annual meeting while you are away is one way to have the company foot the bill for some of your expenses.

Next, spend a couple of hours preparing. If you have kept your minutes up-to-date during the year, review them to ensure they are complete and note anything that is missing. If your minutes have not been kept up-to-date, make a list of all the decisions made and actions taken by the Managers that need to be approved and ratified.

The list does not have to be in the form of a Written Consent: You can create that later. Create an agenda for your meeting, including items to discuss regarding your plans for the current year.

Remember, if you are going to a nice restaurant, this meeting could last an hour and a half to two hours. And prepare a Waiver of Notice of Meeting and sign it. Bring your agenda and your notes to the restaurant. Hold your meeting in a leisurely fashion.

If your spouse or partner is with you but is not part of the company, make sure you note his or her presence as a non-member, and appoint him or her as secretary for the meeting. Make sure he or she takes notes during your discussion to help you write up the resolutions later on.

If you are alone, take notes yourself so you can remember what you thought about. Remembering may not be as easy as you think by the time you get to dessert.