Sign Alaska Banking Operating Agreement Secure

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Sign in Alaska Operating Agreement for Banking

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- Hi guys, Clint Coons herewith Anderson Business Advisors, and in this video, weare gonna talk about some of the stupid mistakes(graphics whooshing) people make when it comes to creating their LLCoperating agreements. (graphics whooshing)All right. Let's get started. (upbeat music) Okay, so I'm gonna talk aboutsome mistakes that I see, oftentimes, when I reviewexisting operating agreements that people have set up witheither inexperienced attorneys that are not familiar withcreating operating agreements for real estate investors. Or worse yet, you wenton the internet, right? You went to Legal, I mean and said, "Give me anoperating agreement." And you think you're protected. This happens all the time. People have these operating agreements that they're owning real estate under. They're operating their business under, and they don't know what's inthere, or more importantly, they don't know what's missing. And as a result of it, this will come up when you're involved in a lawsuit, and it could come back to bite you. Well, I want to give you eight issues that I see many timesin operating agreements that you should look to avoid in putting together yourLLC operating agreement. Okay, so what is the first one? The first issue I have isgoing to be member managed. All right?(marker squeaking) We don't want to do member managed. If you're not familiar with this, when you set up an LLC, you have different stylesof running that company. It can be either managermanaged or member managed. Now the reason I don'twant to do member managed is because in a member-managed context, all of the members can exercise control. So if you want to dosomething in the future, like gift away part ofit to your children, and then you want to sell the property. Guess whose permission youhave to get? Your kids'. You wanna refi the property. You gotta get your kids'permission to do it. Keep that out of there. So the other problem with member managed is when you file it withthe secretary of state, many time the secretary ofstates would like to know who are the members. If you set up a member-managed LLC, then they want you to list the members. So now you disclose thefact to the world at large that you own this LLC. Not a lot of privacy there. The other side of the coinis what is referred to as a manager-managed LLC. And even though you're gonna be the member and the manager, still, I like to set them up as manager managed, because it tells everyone,hey, this is a person that has control. They run the company. If you give ownership away later on to your children or someone else, you're still in control, andyou never lose that control. So I would avoid membermanager and opt to go, always, with manager-managedlimited liability companies, unless you're using...

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