StartupStarterPackage/CommonBoilerplate/AccountsAndRecords.md
2020-10-28 01:12:30 -05:00

3.3 KiB

Accounts and Records

Records and Accounting; Reports; Fiscal Affairs

Proper and complete records and books of accounting of the business of the Company, including a list of names, addresses and interests of all Members, shall be maintained under the direction of the Board Of Directors at the Company's principal place of business. Each Member or his or her duly authorized representative may examine the books of account of the Company records, reports and other papers regarding the business and financial condition of the Company, make copies and extracts therefrom at such Member's expense, and discuss the affairs, finances and accounts of the Company with independent public accountants of the Company, all at such reasonable times and as often as may be reasonably requested.

The books and records of the Company shall be kept on a cash basis in accordance with generally accepted accounting principles applied on a consistent basis, and in all events shall conform with Generally Accepted Accounting Policies and Procedures.

Fiscal Year End

The fiscal year end of the Company shall be December 31.

Keeper of the Books

At all times during the term of existence of the Company, and beyond that term if deemed by Board Of Directors to be necessary, the CFO shall keep or cause to be kept the books of accounts referred to in this section and the following:

  • A current list of the full name and last known business or residence address of each Member and Director, together with the Capital Contribution and the share in Profits and Losses of each Member;

  • A copy of the Certificate of Formation, as amended;

  • Executed counterparts of this Agreement, as amended;

  • Executed Supplements and Consents, if any;

  • Any powers of attorney under which the Company takes action;

  • Copies of the Company's federal, state, and local income tax or information returns and reports, if any, for the six (6) most recent taxable years;

  • Financial statements of the Company for the six (6) most recent fiscal years; and

  • All Company records as they relate to the Company's internal affairs for the current and past four (4) fiscal years.

Member Examination of Records

Each Member, at its expense and under the circumstance and conditions set forth in the BOC, may at all reasonable times during usual business hours, audit, examine and make copies of account records, files and bank statements of the Company. Such right may be exercised by any Member or by its designated agents or employees.

Bank Accounts

All funds of the Company shall be deposited in one or more accounts with one or more recognized financial institutions in the name of the Company, at such locations as shall be determined by the Board Of Directors and CFO. Withdrawal from such accounts shall require the signature of such Person or Persons as the Board Of Directors and Members jointly designate.

Members' Tax Requirements

Within fifteen (15) days after the end of each taxable year, the Company shall forward to each Member all information necessary for the Members to complete their federal and state income tax or information returns, and a copy of the Company's federal, state, and local income tax or information returns for such year.

Membership Records

The

  • name

  • e-mail address

  • Capital Contributions

  • Percentage Interest

of each of the Members is set forth in Supplement 4.