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Simple LLC formation advice needed

 
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RHH

posts: 3

Jan 11, 2007 5:26 PM ET    Quote  Report Abuse
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Hello,

I am about to start a business and I have two questions:

1-I have two partners, but I will have the larger percentage of the business.  We will have majority vote wins, but I want to have the option to pull rank at any time if necessary.  They both agreed, but how do we put this in writing?  Do we do a seperate Contractual Agreement or do we include it in the Operating Agreement? 

2-We have sufficient startup money, but will need an investor within a year or so to take us to the next level.  Should I leave around 40% (or a different %) or should we divy up our percentages as we procure investor(s)?

Thank a mil!

MNGrillGuy

posts: 236

Jan 12, 2007 10:29 AM ET    Quote  Report Abuse
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1)  Put everything in the Operating Agreement

2)  Each time you bring in new money you need to sit down with the current owners and agree what % of the company the new money buys.  Of course the new money will also need to agree on this %.



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Travis Tschepen
Hibachi Bros. LLC

--My goal in life is to be as good of a person my dog already thinks I am.--
armymom2025

posts: 12

Jan 12, 2007 10:53 PM ET    Quote  Report Abuse
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I would certainly draw up papers and have them notorized and make sure you have a lawyer to make sure everthing is leagally drawn up.



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Thank you, Armymom2025
pepperlegal

posts: 153

Jan 18, 2007 10:43 AM ET    Quote  Report Abuse
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I assume from your post that you are forming an LLC, however if you plan on seeking investors in the future, an LLC may not be the best option.  Forming a C- or S-corporation may make offering a percentage ownership of your company easier, and providing you with the ability to restrict the investor from having voting and other operational rights.

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21 E. High Street, Suite D
Somerville, NJ 08876
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