If it meets the IRS’ requirements, LLCs have the option to operate as either a C Corporation or S Corporations, which means they can take advantage of different tax strategies. It is important for corporations to hold annual meetings and draft minute, and many states require this. If an LLC chooses to be taxed as a corporation, will they now be required to hold shareholder meetings and record minutes?
Meeting minutes are a crucial part of any organization’s structure. They allow for the official account and documentation on what attendees discussed, decided or took action during formal meetings. There are many different requirements for annual meetings and minutes ineach state, depending on the type of entity.
C Or S Corp: What Is Required?
Whether an LLC chooses to be taxed as a corporation or S-Corporation, its other business compliance responsibilities remain the same. This includes any meeting and minutes requirements dictated by what type of entity it’s registered under.
Most states do not require LLCs to hold annual member meetings and write minutes, however, it is possible that there is language within an LLC’s operating agreement which requires them. If so, while it is not a legal requirement, LLC members need to meet and draft minutes of their meetings. This way they can show that business owners treat the limited liability company as if it were separate from themselves for protection purposes – which becomes essential when maintaining good standing with states or protecting yourself against any potential liabilities incurred by running an active enterprise.
Tips For LLC Meeting Structures
Use templates to organize. The best way to ensure that meeting minutes follow a consistent format from year to year, is by using templates. There are templates available online for business meetings that follow a consistent format from one year to the next. This saves LLC members time and hassle in developing their own minutes, as well ensures consistency within these documents.
Approval of minutes. Minutes of the LLC’s proceedings should be carefully drafted and circulated with members for review. Any necessary corrections are made before they’re re-distributed to all concerned parties, who then have an opportunity to approve them in order to create official records.
What if the members of an LLC decide they no longer want to hold annual meetings? . If an LLC can’t make its annual meeting and prepare minutes then there are potential legal issues that may arise because they aren’t in compliance – but there might be a solution. The members of a company that are unable or unwilling to fulfill their annual meeting obligations might consider amending the operating agreement in order remove this requirement.
LLCs are not legally required to submit meeting minutes, but holding annual meetings and keeping a record of what was discussed demonstrates that an entity is complying with its business compliance formalities.
Although LLCs are one of the most popular business forms in America, many people are unfamiliar with their obligations. An attorney can help your clients understand how they should be operating as an entity and what responsibilities come along with running this type of company.
