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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?

2 Answers 2

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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.

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  • Yes, thats what I meant when I said "agent". If I don't need to inform VA state department then how do I add a new owner to the LLC. I made the connection with S-Corp because I assume while filing taxes for the company as S-corp both people have to be registered as owners of the LLC.
    – josh
    Nov 14, 2013 at 20:23
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    @josh - you just prepare an operating agreement and have all the members sign on it. Again - has nothing to do with S-Corp, single member LLC can file as S-Corp just as well.
    – littleadv
    Nov 14, 2013 at 21:30
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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.

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