I was looking at this document here and looking at #4, it asks if more people are forming the LLC. To me it’s asking for the members that are starting the LLC with me but I don’t want to screw it up and I have the rest of the LLC stuff taken care of so my question is: if there are 2 other members of the LLC, do I put them down as forming the corporation?
This is asking for legal advice. You need to consult a lawyer. I am not a lawyer, especially not yours. I know nothing about the rules for that particular state.
In general, there is a person listed as the one responsible for the act of creating a new corporation or LLC. In corporations, this is often referred to as the “incorporator” but LLCs are formed and the “former” would sound weird. The person in this role is often an attorney (or even an assistant in the attorney’s office). They are not a shareholder/member unless identified as such elsewhere in the document.
That makes sense. I guess there’s other document(s) that have the members and stock info etc. on it. It’s these things that I hate in that it’s simple enough that you think you can do it yourself and save some money but there’s always one or two little things where you have to know what you’re doing.
I would respectfully disagree with dracoi. It seems clear to me they’re asking for details on all the members forming the LLC. As in, all members with an ownership interest in the LLC at the time it is formed.
I’ve never owned a business in Colorado but compare to the Pennsylvania Certificate of Organization for LLCs: http://www.portal.state.pa.us/portal/server.pt/gateway/PTARGS_0_160329_488554_0_0_18/8913.pdf
I filed one just last year prepared by my lawyer and section 3 “The name and address, including street and number, if any, of each organizer is (all organizers must sign on page 2):” included every member.
It seems more analogous to your form than what dracoi was talking about.
I could very well be wrong, but I do note that question 6 is a statement that there is at least one member. If the person(s) forming the LLC have to be members, then question 6 is redundant.
If you look at the application for Washington state (http://www.sos.wa.gov/_assets/corps/LLC2010.pdf), they use the term “executor” for the person(s) forming the company. I do know that my earlier response is how Washington state handles things - an executor need not be a member, and members need not be an executor.