In an LLC, a member and a manager, what’s the difference? – California Legal Services Answer

Written by: Andrew Gale - Orange County - Small Business Attorney

Does a manager of an LLC need to be an individual? Two Legal positions in an LLC, a member, and a manager, what’s the difference?

Two Legal positions in an LLC, a member, and a manager, what’s the difference?
 

Hi, good morning my name is Andy Gale, I am a Corporate Attorney, based in Orange in California. I specialize in helping small businesses manage their corporations all the way from formation all the way through to dissolution.

There are two Legal positions in an LLC, a member and a manager, what's the difference?

Does a manager of an LLC need to be an individual?

One of the services that we offer at our office is just to be able to call us up and ask us a quick question. I had a client call me yesterday afternoon and he wondered whether or not a manager of a limited liability company needed to be an individual person.

For those of you not familiar with limited liability companies, there are two legal positions within the company. There is a member and that’s the person who would own the company and then there’s a manager and that’s the person who would take care of the day-to-day operations of the company.

So the question is, whether or not a manager needs to be an individual?

The quick answer is no, a manager does not need to be an individual. A manager could be an individual and or it could be a company. It could be one of the members, one of the owners of the company. It could be one of the members or a subset of all of the members. Lastly, it could be a third-party company that actually offers professional management services.

I hope that information helps you out and gives you a little bit more clarity as it did with my client when you are trying to figure out who it is who is going to be running your company.


Andrew Gale – Incorporation Attorney

Attorney at Law Offices 1820 West Orangewood Avenue, Suite 104a, Orange, CA 92868 Office: +1 (714) 634-4838. I provide legal advice, counseling and related services to entrepreneurs including the formation and management of their corporations and estate plans.

My Law Office is based in Orange County California and I have practiced law for 30 years. I have given advice to more than 1000 small business owners on the best ways to set up a company, what types of business entities (corporations, limited liability companies, partnerships) are best suited for them and their small business, how to legally run the business to protect their assets and how to successfully transfer the business to family or key employees through the proper use of estate planning and trusts.