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Can an LLC appoint officers?

 

Recently, the question came up on whether an Illinois LLC can appoint officers.  Traditionally, the individuals with authority to govern the business and affairs of an LLC are the members or the managers.  A corporation has officers (president, secretary, treasurer, etc).  There has never been a prohibition against the appointment of officers of an LLC, and I have always assumed that this could be done within the terms of a company’s operating agreement.  However, thanks to amendments to the Illinois LLC Act that became effective on July 1, 2017, the answer to whether an Illinois LLC can appoint officers is now a definitive “Yes.”  Section 1-30(10) of the Illinois Limited Liability Company Act provides that an Illinois LLC may “(d)esignate managers and appoint officers and other agents of the limited liability company, define their duties, and fix their compensation.”

 

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