The Family Investment LLC Operating Agreement is essential when families wish to create a formal structure for pooling and managing their investment assets while maintaining privacy and limiting liability under U.S. law. This document is particularly valuable for wealth preservation, tax efficiency, and succession planning. It typically includes detailed provisions for capital contributions, profit distributions, transfer restrictions, and governance mechanisms. The agreement must comply with state LLC laws and federal regulations while addressing unique family dynamics and investment objectives.
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1. Parties: Identifies all family members and entities participating in the LLC
2. Background/Recitals: States the purpose of forming the family investment LLC and general intent
3. Definitions: Defines key terms used throughout the agreement
4. Formation and Name: Details of LLC formation, registered name, and state of organization
5. Purpose and Powers: Specifies investment objectives and permitted activities
6. Capital Contributions: Rules for initial and additional capital contributions
7. Membership Interests: Details of ownership percentages and classes of interests
8. Management Structure: Defines manager roles, responsibilities, and decision-making authority
9. Distributions: Rules for profit distributions and capital returns
10. Transfer Restrictions: Limitations on transfer of membership interests
1. Investment Guidelines: Detailed investment policies and restrictions for specific investment parameters
2. Family Employment: Rules for family member employment in LLC operations when family members may be involved in management
3. Buy-Sell Provisions: Procedures for buying out members when detailed exit mechanisms are needed
4. Family Governance: Additional family-specific governance structures for complex family dynamics or large family groups
1. Schedule A - Members and Capital Contributions: List of members and their initial contributions
2. Schedule B - Investment Policy Statement: Detailed investment guidelines and restrictions
3. Schedule C - Valuation Methodology: Agreed methods for valuing LLC interests
4. Appendix A - Family Code of Conduct: Family values and behavioral expectations
5. Appendix B - Management Structure Chart: Organizational chart showing management hierarchy
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