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Irwin Law
Irwin Law, Attorney
Category: Business Law
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Experience:  30+ yrs. representing small business, real estate, probate
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I have formed a Member-Managed LLC and now I have moved to

Resolved Question:

I have formed a Member-Managed LLC and now I have moved to my country. Is this mandatory to change it to Manger-Managed so that a manager can manage this or if I just appoint a manager in USA will be enough?
Submitted: 9 months ago.
Category: Business Law
Expert:  Irwin Law replied 9 months ago.

Hello and thanks again for submitting your question to Just Answer. I will have to look up this information.What state was the LLC formed in? Are you the sole member of it?

Customer: replied 9 months ago.

State formation: NC


2 Members both are out of status now.

Expert:  Irwin Law replied 9 months ago.
Hello: Under NC LLC laws there is no requirement that members reside in the U.S. You will have to have a resident agent in NC for service of process and a primary business office here.
I hope that this information is helpful, and that you will click on one of the Smiley Faces that indicates okay, good or excellent service.

Customer: replied 9 months ago.

Thanks for this information. Few more things are still required:


 


1. When you said resident agent, do you mean a manager who can look after the business and also work on behalf of company for all banking transactions.


 


2. Do i need to inform SOS for hiring of a manager or a registered agent?


 


3. Do i need to inform SOS for change in business address?


 


Thanks for your help.

Expert:  Irwin Law replied 9 months ago.
1. When you said resident agent, do you mean a manager who can look after the business and also work on behalf of company for all banking transactions.
ANSWER: The resident agent is the one registered with SOS as the designated person to receive notices on behalf of the LLC. He is not the manager and has nothing to do with actually running the company.


2. Do i need to inform SOS for hiring of a manager or a registered agent?

Manager, no.

Registered Agent, yes. I L-17 or L 23 on https://www.secretary.state.nc.us/corporations/Forms.aspx?PItemId=5429715&Type=LimitedLiability%20Company. Or make the changes on your next annual report.

3. Do i need to inform SOS for change in business address?

Usually, that can be done on the annual report form or L 23, see above.
I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.

Customer: replied 9 months ago.

Irwin,


 


I already have a registered agent for my LLC and it has been reported to SOS while at the time of LLC formation.


 


Now If I need to hire a manager for my LLC, do I need to do any amendment in my LLC?


 


Or by just updating our operating agreement, I can give powers to a manager to manage my LLC?


 


 


 

Expert:  Irwin Law replied 9 months ago.
Now If I need to hire a manager for my LLC, do I need to do any amendment in my LLC?

NO.

Or by just updating our operating agreement, I can give powers to a manager to manage my LLC?

That is correct. Just change the operating agreement from Member Managed to Manager Operated, and set out the powers that the manager is to have. It's pretty much standard boiler plate and available on line.

Customer: replied 9 months ago.

Little confusion.


 


When you said "just change the operating agreement from Member Managed to Manager Operated", I hope I do not need to amend this with SOS too by filing L-17?


 


 

Expert:  Irwin Law replied 9 months ago.
No you don't. The operating agreements aren't filed with SOS. They are not subject to public inspection.
Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 4447
Experience: 30+ yrs. representing small business, real estate, probate
Irwin Law and 14 other Business Law Specialists are ready to help you
Customer: replied 9 months ago.

Thanks Irwin.


 


Please mark this question as locked.

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