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Member in an LLC requesting to not share in profits

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jmurs116

Junior Member
What is the name of your state? NY

Can a member of an LLC be just an investor and not be an active participant in a business or is that reserved for a limited partneship and corporation? If yes, can this member forgo for a period of time his share of profits or income from the business? So on his taxes he would say 0 percent share.
 


H

hexeliebe

Guest
Of course someone can be an investor and not a participant in an LLC.

HOWEVER, unless you have a contract stipulating that certain investors do not share in the profit distribution of the company until a certain date, or it is so stated in the articles of incorporation, you have to follow the state law regarding distributions.

And no, an investor cannot list 0 shares in the company simply because they take no distribution. Shares of ownership must be reported regardless of profit distribution.

The best place to get specific advice regarding your questions would be the Secretary of State office for NY.
 

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