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Band LLC and Money Transparency Questions

Guitarist has been out of town on vacation the past week but is due to get back today. I hear what everyone is saying, and am gathering all info and data I can. It looks like we're having a band pow-wow sometime this week to go over the band agreement details. The singer/guitarist both claim that they are going to do right by the rest of us.

What does "do right" mean?

Remember, you have two issues surrounding the LLC. One is the stock ownership as a percentage of total shares, and shares outstanding. Hopefully, it didn't change, and if it did, it did so at a band meeting where you voted.

If it changed without a shareholder vote, it would likely be illegal in FL as it is in mine. When shareholder value is dilluted, it has to go to a vote. That's why we read about an acquisition going before the shareholders for a vote.

An example would be the Hewlett-Packard acquisition of Compaq.

The 2nd issue is being listed as a LLC manager with control which I believe is what you talked about. Also, I forgot to mention that in FL, if you want to no longer be one, you must submit a form to the state SoS which is signed by you.

Finally, how you are paid in a band with a LLC can vary. You don't have to be an employee, but paid as a contractor even though you own shares. Owning shares and employment are not automatically tied.
 
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So it took a little longer than anticipated, but we worked it out. There is an established core group of members now (myself included) that are part of the LLC, and then another group of hired musicians that will get paid directly for shows. The guitarist has shared the P&L with me, and he's been pretty much on the up and up. I suppose we're fortunate that this is not the main income for any of us in the band, and that after expenses we don't really make much anyway. It's really for the love of it, and for that reason we all have a vested interest to be included as equals.

Thanks for everyone's interest.
 
Y'all better get an understanding of how the business deals you are agreeing to work. You are ok, barely. An LLC is a Limited Liability Corporation and operates just like a Inc. corportation particularly giving the owners liability protection from someone taking your personal assets (like house, car, tools of your trade). A LLC has a limit of 100 shares of ownership and Corporation can have virtually unlimited owners. The LLC renewal they most likely are talking about is every state requires every LLC/Inc. to register and pay a fee to the state they are registered in each year. If you really do have a real LLC with the two scheisters in your band they can not just kick the other two out without resubmitting and amending the original LLC filing with the state. They can take you 2 off of the LLC annual filing as a corporate officer ~ Prez, VP, Secretary or Treasurer which is probably what they did which makes very little legal or financial difference it just shows how chickenpoopie your mates are towards you two. Not being an officer does not take away any % of ownership you had prior to being removed as an officer.

But why should your guitar player who is a financial guru go home after a gig and work for free while everybody else is getting drunk and laid? You should feel lucky to have a band member with such valuable skills and should kiss his ass to do an honest job (he has to be licensed and bonded and y'all aint worth losing that for him to be crooked). You should have transparency in every aspect of your business to keep everybody honest and minimize disagreements and arguments. Knowing how much "net money" the band should have can be done in your head and is much easier than memorizing 1 song. You have how much you get for each gig + merch & CD sales + tips to be divided less (subtract) fixed expenses (admin & office, operating expenses, mortgages/loans & interest, rent, utilities, salaries, marketing and promotion) plus any extraordinary show expenses and that's how much money goes in the bank or gets split.
 
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Follow-up update if anyone is interested. Things are going well. By establishing the roles and responsibilities in the band, we've defined the expectations for everyone in the band. This has been extremely helpful not only for the ownership/payment aspects, but it also makes it easier to acquire subs or contract workers and to establish their roles in everything. There was quite a bit of tension before but now it's just fun. Communication is key.
 
Follow-up update if anyone is interested. Things are going well. By establishing the roles and responsibilities in the band, we've defined the expectations for everyone in the band. This has been extremely helpful not only for the ownership/payment aspects, but it also makes it easier to acquire subs or contract workers and to establish their roles in everything. There was quite a bit of tension before but now it's just fun. Communication is key.

I wish this thread was required reading for new band start ups.

Glad everything is working well, OP.
 
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