Operating manual for a limited liability corporation company

By admin, September 21, 2009

Corporation Limited liability Company

Details about limited liability companies
The limited liability company is a form of company starting in which members are offered limited liability. This concept is a departure from both corporations and partnerships but ideally it borrows from both these types of structure. The limited liability company is similar to a corporation in that the limited liability is granted depending on the investment that you have in the firm. There is also no ceiling that is placed to limit the number of members. You may be a single person, or a corporation, or you can also be a member to another similar limited liability company.

When you compare it to a partnership you will find that in the case of partners the liabilities and losses are equally borne by the said persons. In the limited liability company, the amount which is borne by a member is limited and personal assets that you own cannot be seized so as to pay up the collectors.

A look at the limited liability corporations
The concept of the limited liability corporation (though this is a term that is incorrectly used) is said to have been initially used in Germany. The native term for this structure of business formation was ‘Gesellschaft mit beschrankter Haftung’ and this is abbreviated as GmbH. When an accurate translation of this reference is made it translates into a company that has limited liability. It therefore has nothing to do with a corporation. In the United States each state including Georgia, California etc has its set statutes that govern how the limited liability corporations are going to be operated. The Uniform Limited Liability Company act was adopted by the National Conference of Commissioners on Uniform Sale Laws. A revision was then done in 2006.

Limited liability companies are not under obligation to hold meetings unlike the case for corporations. Generally, the limited liability company is easier to run and manage compared to a corporation. The LLC has a limited lifespan unlike a corporation. When a member of the limited liability company dies or the firm is declared bankrupt there is immediate dissolution.

Manuals required for a limited liability company
The most important document for a limited liability company is the Memorandum of Association and this must be submitted alongside the other registration forms. Failure to do this or submitting a MOA that is not correctly filled out will automatically deny the firm registration. There are various details that are important in the Memorandum of Association and a firm must use these details in governance.

The name of the firm must be indicated and the word ‘limited’ must be included. A name check should be done prior to indicating the name for the new organization. The company objects must be indicated. The MOA must be prepared and indicate that the members’ liability is limited. There are many more details that can be looked up for further reference into this document.

Operating a limited liability company
Limited liability companies may induce changes in their MOAs and this has to be done through special resolutions passed in extraordinary general meetings.