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GWarren Customer Advocate, Attorney
Category: Legal
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Experience:  30 yrs Counsel, claims, corp governance Fortune 100 financial insurance co., law firm. OH NJ license
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Im part of a very small company called Investor Clueso LLC.

Resolved Question:

I'm part of a very small company called Investor Clueso LLC.

We need to add Alan Bass as a partner and as an officer of the company, specifically as Chief Information Officer, CIO.

There are currently two Principals, Steven Burroughs who is the CEO and myself, XXXXX XXXXXnd who is the Chief Operations Officer.

I'm thinking there needs to be a paragraph written to make Alan Bass CIO and both of the Principals probably need to sign off.
Submitted: 6 years ago.
Category: Legal
Expert:  GWarren Customer Advocate replied 6 years ago.
Thank you for contacting justanswer.

Typically the Operating Agreement for an LLC will specify how owner members (partners or principals) can be added to the LLC. The Operating Agreement would typically provide for managers of the LLC or election of officers of the LLC as well.

If your current Operating Agreement does not provide for those additions you do not necessarily need to amend the Operating Agreement as the law, Title 6, Chapter 18 of the Delaware Code, provides for the admission or addition of member owners of the LLC.

Section 18-301 of the Delaware Code provides that after the formation of a Limited LIability Company a person may be admitted upon the consent of all members.</p.

Please see the public domain link to the Delaware Code provided below:

The member owners could then also elect the individual to an officer position as CIO.

If you prefer to also amend the Operating Agreement of the LLC to specifically provide for the admission of new members, the Operating Agreement may be amended by following the provisions in the Operating Agreement to amend it.

Following is a direct link to public domain sample operating agreements for a Delaware LLC. It includes language in Article II of the sample as to the admission of new members.

I hope this information is helpful and responsive. If you would like further clarification, please let me know.

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