• Transferring USA register single member LLC to Indian National

Let me give you a brief background, 

1. My brother, Apurva is a US citizen and we registered an LLC in 2021 to run a staffing agency company, Basically we supply IT resources to our clients. 
2. Apurva is a Member of the LLC and has 100% vote share, Basically he is the owner.
3. My Dad is a Manager (CEO) and has a business bank account in his name, He is an Indian national. 
4. Now we want to transfer ownership of the LLC and remove Apurva from all the responsibilities. 
5. We have not created the Operating Agreement since it is a Family run company. 

Do you think you can help us in this regard? If yes, How do we start the process?
Asked 2 years ago in Business Law

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7 Answers

Operating agreement generally contains detailed provisions regarding transfer of ownership .the best strategy is to document the process as clearly as possible within the operating agreement at the formation of the LLC.

 

2)A buy-sell agreement is an agreement documented in the operating agreement that outlines instructions for buying out a member of the LLC.

 

3) you can enter into formal transfer of business ownership agreement, which is executed just like any other type of contract according to your state's laws.

Ajay Sethi
Advocate, Mumbai
100092 Answers
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You can make payment for phone consultation 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

LLCs are legal entities that are handled apart from one another, protecting the investors and owners from company obligations.

The Operating Agreement of a Limited Liability Company (LLC) is an important document outlining the company’s financial and operating options and its rules, laws and requirements. The document’s goal is to regulate the company’s internal operations in a manner that meets the unique requirements of the company’s owners (called “members”). Members of an LLC have a legal obligation to abide by the conditions of the paperwork after they sign it. An operating agreement performs duties similar to the articles of incorporation, or in the case of a multi-member LLC, a partnership agreement.

The operating agreement is an important document used by LLCs because it specifies the company’s financial and operating options as well as laws, regulations and conditions. The goal of this document is to regulate the company’s internal operations in a manner that meets the unique requirements of the owner.

You can take the assistance of an expert consultant or an experienced lawyer to follow the requisite procedures in this regard.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You can consult the chosen advocate of this forum over phone consultation options available in this forum to get all your doubts clarified and also to know about the further procedures to be followed.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You need to create an agreement or deed for the same 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Unfortunately, there are no LLCs in India so to acquire LLC business, have to create proprietor or partnership firm.

Resolution will pass by LLC and P or P firm will create in India and so the deed of partnership and transfer of business and liabilities etc. L:ot other documentation for transfer of business.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Absolutely, I can guide you through this process. Here are the steps you might consider:

1. Operating Agreement Creation: Even though it's a family-run business, having an operating agreement is crucial. It outlines ownership percentages, responsibilities, decision-making processes, and steps for ownership transfers. Given the current situation, it would be best to create this agreement first to establish a framework for the changes you're planning.

2. Transfer of Ownership: Once the operating agreement is in place and legal counsel has been sought, the actual transfer of ownership can proceed. This often involves paperwork that needs to be filed with the state where the LLC is registered. This can vary depending on the state's requirements.

3. Removing Apurva's Responsibilities: Once ownership is transferred, Apurva should resign as a member of the LLC. This might involve filing paperwork with the state and updating internal documents.

4. Updating Bank Accounts and Other Business Documentation: After the ownership transfer, update the business bank account and any other documentation to reflect the changes in ownership and management.

5. Tax Implications: Understand the tax implications of this transfer. Depending on the ownership structure and Apurva's involvement, there could be tax consequences. 

6. Communication: Communicate the changes to stakeholders, clients, and anyone else involved in or affected by the business. This helps in a smooth transition.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

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