Any legal entity or adult individual may act as an organizer of a limited liability company as long as they are authorized to act by the members of the LLC. The organizer of an LLC is the party responsible for filing LLC formation documents with the state. The organizer can also be a member of the LLC, but there is no membership requirement.
LLC members are the individuals in charge of the operations, debts, obligations and management of the LLC. Members are generally considered to be the owners of the LLC, and they may split ownership interests in any manner they so choose. Although it is possible for an LLC member to also be an LLC organizer, there is no such requirement.
Typical LLC organizers may include lawyers, accountants, administrative assistants or companies specializing in LLC creation. Organizer duties are often limited to a one-time transaction involving filing LLC creation documents. Because of the limited duties of an organizer, there are no stringent requirements as to who may act as an organizer other than authorization and being of legal age to consent to agreements. Organizers are not entitled to share in the profits or responsibilities of the LLC unless they are also members.
When your business selects an organizer, the organizer will be required to file LLC creation documents with your secretary of state or whichever state agency assists with entity formation. Typically, this will require the organizer to list the name of the LLC, the registered address of the LLC and a list of all members. The organizer will also be required to pay the applicable filing fee, which will vary by state.
Upon creation of your LLC, you may elect to have your organizer draft an operating agreement. Operating agreements stipulate how the LLC must be run, including voting provisions, management details, and general information regarding the rights and duties of LLC members. Not all states require operating agreements, but you may consider enacting such an agreement to clarify operating procedures for your LLC.
Louis Kroeck started writing professionally under the direction of Andrew Samtoy from the "Cleveland Sandwich Board" in 2006. Kroeck is an attorney out of Pittsburgh, Pennsylvania specializing in civil litigation, intellectual property law and entertainment law. He has a B.S from the Pennsylvania State University in information science technology and a J.D. from Case Western Reserve University in Cleveland, Ohio.