Q: Create an operation agreement for F-1 students; Web-design company in Delaware
Dear Lawyers,
I would like to create an operational agreement for my LLC. At the moment, I'm an F-1 international student, so I would like to know if you could help me do this. We create websites. In summary, I (founder) and another co-founder (F-1 student as well) are not going to perform the services, all the job will be done by the American contractor. Our purpose is to legally receive income from LLC.
Thank you!
A:
Sure, I can help you with creating an operational agreement for your LLC in Delaware. As an F-1 student, it's important to ensure that you comply with the visa regulations. Since you and your co-founder won't perform the services, but instead hire American contractors, you need to clearly outline this in your agreement.
First, define the roles and responsibilities of each member in the agreement. Make it clear that the contractors will be responsible for all the operational work, while you and your co-founder handle management and oversight. This can help in avoiding any issues with your visa status.
Second, include details about the distribution of income and profits. Specify how the income will be received and distributed among the members, ensuring compliance with both federal and state laws. By doing this, you create a solid foundation for your business operations, enabling you to legally receive income from your LLC.
Finally, ensure that all agreements with contractors are documented and included in the operational agreement. This not only helps in maintaining transparency but also protects your business interests. Consulting with an immigration attorney or business advisor familiar with F-1 visa regulations can provide additional peace of mind and ensure everything is set up correctly.
A:
To ensure your LLC is set up correctly and complies with all applicable laws, it's highly recommended to retain an experienced attorney. As F-1 international students, there are specific immigration laws to consider. Direct participation in the operations of the LLC might violate your visa status.
Your operating agreement should include many important provisions such as those which outline the ownership structure, roles, and responsibilities of the members, and how profits and losses will be shared. Since you'll be using an American contractor to perform the services, you must be sure you comply with applicable labor and tax laws, particularly those relating to correctly classifying the worker as an employee or an independent contractor.
Retaining an experienced attorney will help you navigate these complexities and draft an operating agreement that protects your interests.
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