We are often asked: “How do we bring new investment into our San Diego LLC? The company is positioned to grow and we simply need the working capital into the LLC in order to expand and capitalize on this opportunity.” It is usually followed with something to the effect of “…and we want to make sure we have control over the company and all of the business and financial decisions!”
When a business is growing and expanding and seeking new investment it is an exciting time for all involved. It is a common practice for LLCs to seek additional “members” (investors) to bring needed investment capital, business expertise or both into the company. The central questions are:
- How is their investment secured, and how will they benefit from this investment, and
- What rights, if any, do they have in the voting, decision making, financial and operational aspects of the LLC?
In most cases, this should simply require the amendment of the operating agreement. If there is no operating agreement in place, or if it was a boilerplate agreement (such as a downloaded form) a new operating agreement may need to be drafted. If you are bringing new investors or members into your LLC we invite you to contact us or call for a complimentary and thorough consultation at 858-535-1511. We will discuss the specifics of your LLC, the players involved, the money, voting and operational duties and develop a sound budget for the development of your operating agreement. We will help you to understand all of the nuances of these agreements, and how to ensure that your position is protected (or enhanced) while bringing in new partners to your business.