How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 112775
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
10285032
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

CALIFORNIA LLC MEMBERSHIP QUESTIONS 1. IN CALIFORNIA CAN

Customer Question

CALIFORNIA LLC MEMBERSHIP QUESTIONS

1. IN CALIFORNIA CAN I BE A MEMBER OF A LLC AND NOT SIGN THE OPERATING AGREEMENT? PLEASE CITE LAW

2. IN CALIFORNIA CAN I BE A MEMBER OF A LLC AND NOT PAY FOR A INTEREST IN THE LLC, OR NOT WORK FOR THE LLC, OR NOT CONTRIBUTE ANYTHING TO THE LLC. NO MONEY, NO REAL OR PERSONAL PROPERTY NO NOTHING. PLEASE CITE LAW.
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
According to CA Corporations Code 17001 (ab) "Operating agreement" means any agreement, written or oral, between all of the members as to the affairs of a limited liability company and the conduct of its business in any manner not inconsistent with law or the articles of organization, including all amendments thereto, or, in the case of a foreign limited liability company, all documents that serve a like function under the laws of the jurisdiction in which the foreign limited liability company is organized. The term "operating agreement" may include, without more, an agreement between all the members to organize a limited liability company pursuant to the provisions of this title." Thus, all members must be party to the operating agreement, which can be oral or written.

2) CA Corporations Code 17050 provides The articles of organization or the operating agreement may provide for capital contributions of members. The contribution of a person may be in money, property, or services, a promissory note or other obligation to contribute money or property or to render services.

Thus, as the corporations code says only "MAY" and not "Shall," contributions from members is not mandatory.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
how do I become a member of a California LLC. Please cite the LLC law
Expert:  Law Educator, Esq. replied 5 years ago.
You would be actually listed in the operating agreement as a member or your name would be added to an amended operating agreement as a member, See; CA Corporations Code 17050 et seq.
Law Educator, Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.

how do I become a member of a california LLC ?

 

 

Expert:  Law Educator, Esq. replied 5 years ago.
You become a member by written agreement with the LLC and by the other members adding you to the membership agreement as I said above.
Law Educator, Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
what law explains this
Customer: replied 5 years ago.
give me a example please
Customer: replied 5 years ago.
This is your answer, "You become a member by written agreement with the LLC and by the other members adding you to the membership agreement as I said above." please give me some examples of what you have said here.
Customer: replied 5 years ago.
cite the LLC law
Expert:  Law Educator, Esq. replied 5 years ago.
This one there is no "LLC law" on. Not everything is written in a "law." The formation of an LLC is a contractual relationship, parties enter into a contract to form an LLC or become members of an LLC. Thus, one becomes a member of an LLC through contractual agreement with the others in the LLC.
Law Educator, Esq. and 3 other Business Law Specialists are ready to help you