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Ask a Lawyer -- LLCs
LLC Question 126
Question:
I used this website in May of 2006 to form a standard operating agreement for my LLC. My LLC consists of two people and I would like to change the other member's name. Is there an amendment form I fill out or do I have to complete a new operating agreement?
Response: MedLawPlus.com® does not sell a form for amendment of an LLC operating agreement for admission of a new member. I think standard practice for smaller LLCs is to execute a new operating agreement between the new LLC members. As far as the Penn. Department of State's office goes, it does not appear the names of the LLC members are given in the Certificate of Organization filed when the LLC was formed. Thus, my reasoned assumption is that there is no need to file an amended certificate of organization with the state in order to change a member. Here is an email address for the Penn. Department of State if you wish to ask them directly.
Submitted: 08/24/2007; Casey, PA
Response: 08/24/2007; JJR
User Comments
From: Casey
State:PA
Posted: 08/28/2007
Subject: quick response
Comment: Thank you for your timely response. It was greatly appreciated to have my questions answered in such great detail. I would recommend you to others who have or want to start their own business.
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