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I have an existing LLC of which I am the sole owner/agent. I would like to add my spouse to the LLC as the second owner/agent. My reason for doing this is because I would like to file taxes for the company as S-corp.

I am in Virginia so I looked at the forms available: http://www.scc.virginia.gov/clk/dom_llc.aspx and the only one that makes sense is http://www.scc.virginia.gov/publicforms/324/llc10111.pdf

However, from that form it seems that a new person can not be added to an existing LLC.

Do I have other options or is my only option to create a new LLC with both of our names?

Chris W. Rea
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josh
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2 Answers2

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Of course you can. You don't need to inform the VA state department about the change. Registered agent (is that what you refer to as "agent"?) doesn't have to be a member, and you can only have one.

It has nothing to do with being taxed as S-Corp at all. Totally unrelated and I can't see how you made the connection.

littleadv
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You can easily add and remove what are referred to as 'members.' This is typically done through an Annual Report Filing or an amendment thereof. Call the state or have a service help you do it.

MrChrister
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Legal Assister
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