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Sign in Mississippi LLC 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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How do you make this information that was not in a digital format a computer-readable document for the user? ""So the question is not only how can you get to an individual from an individual, but how can you get to an individual with a group of individuals. How do you get from one location and say let's go to this location and say let's go to that location. How do you get from, you know, some of the more traditional forms of information that you are used to seeing in a document or other forms. The ability to do that in a digital medium has been a huge challenge. I think we've done it, but there's some work that we have to do on the security side of that. And of course, there's the question of how do you protect it from being read by people that you're not intending to be able to actually read it? "When asked to describe what he means by a "user-centric" approach to security, Bensley responds that "you're still in a situation where you are still talking about a lot of the security that is done by individuals, but we've done a very good job of making it a user-centric process. You're not going to be able to create a document or something on your own that you can give to an individual. You can't just open and copy over and then give it to somebody else. You still have to do the work of the document being created in the first place and the work of the document being delivered in a secure manner."

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I'm not sure if this is how to do it for my setup, but if that's what your using you can probably find a tutorial for this on the net.EDIT:I'm trying to use a .pdf and have the pdf open and have an image open but I can't read the image. What is the way to use the file extension to indicate it's an image? I'm not sure if this is how to do it for my setup, but if that's what your using you can probably find a tutorial for this on the :I'm trying to use a .pdf and have the pdf open and have an image open but I can't read the image. What is the way to use the file extension to indicate it's an image? Post Extras:Quote:TheDukeofDunk said:Post Extras:I'm pretty sure that this should work for the file type of your choice, I think I'll try out something small. I can't read it, I'm a mac user so can't make use of the native pdf readers. Is there a tool for the mac os that should let me do that kind of thing? Thanks!Edited by TheDukeofDunk (01/12/12 08:41 AM)Post Extras:Quote:TheDukeofDunk said:Post Extras:Oh, I found this link. There are some things I haven't been able to figure out (I have downloaded the program myself but didn't have any success), but I will take what I can from this. Here's the link I'm sure that it will work!I just have not found a way to do it, but I found that there was a forum thread about something similar that worked for me. I don't have that software, so I'm not sure I'm even qualified to offer anything...

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The Electronic Signatures in Global and National Commerce Act of 2002 requires electronic communication service providers to establish and maintain a policy to ensure that all electronic signatures comply with the law. It is unlawful to provide false, deceptive or misleading electronic communications, as well as to knowingly make false or misleading statements under oath.An electronic signature is not a form of document and will not constitute the receipt of any document. The signature that can be generated through an electronic document is a unique electronic string of characters which appears as if it are handwritten. This is because the computer code that is used to generate, or "encrypt," the signatures of the recipient and senders has little or no human involvement. If the electronic signature used to make a document does not appear as the original signed text, it is not a valid signature of the person or entity signing it. If someone is signing on your behalf but the text cannot be read, that person is signing false or misleading statements under oath.The law requires that, in order to establish that an electronic signature is genuine, the signer must be able to determine whether the electronic signature was "created by that person or entity in the ordinary course of that person's business." (The Supreme court recently stated that this language was unclear.) The court ruled that the signature must be unique and, since signatures are unique for each person, cannot...

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