LLC Operating Agreement in Montana 2024: An Essential Guide

Montana Operating Agreement: What is an LLC Operating Agreement

Embark on your exciting entrepreneurial adventure in Montana and strengthen your LLC foundation with a well-crafted Montana LLC Operating Agreement. Discover the importance of this vital document, serving as your LLC’s backbone, through our informative guide. Become well-versed in the responsibilities, rights, and rules governing your business in Montana.

Dive into the world of LLCs with our comprehensive guide to help you navigate the complexities of establishing and maintaining a successful business in Montana. Trust LLCBase will assist you every step, from crafting a tailored Operating Agreement to mastering its nuances. Let’s set sail on this entrepreneurial journey and build a thriving LLC in Montana together!

Create an LLC Operating Agreement

On this page, you’ll learn about the following:

What is an Operating Agreement
- What Should an Operating Agreement Contain
How to Create an Operating Agreement in Montana
What to Do After Completing the Operating Agreement
Guide When Starting an LLC in Montana
Why Do I Need an Operating Agreement
FAQs

What is an Operating Agreement

An operating agreement is a legal document that outlines an LLC’s ownership structure, management, and operational procedures. It is crucial for businesses of all sizes and is a binding contract among the members. A well-drafted Operating Agreement can ensure the smooth operation of your business and minimize disputes among members. Although not required in every state, having an Operating Agreement in place is highly recommended, even for single-member LLCs.

An Operating Agreement in Montana serves as a guideline for the LLC’s operations and provides a framework for resolving member disputes. It also establishes each member’s rights, responsibilities, and liabilities, helping protect their assets. It is a legally binding document. Creating an Operating Agreement tailored to your business needs and compliant with Montana laws is essential.

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What Should an Operating Agreement Contain

An effective Montana Operating Agreement should include the following key components:

Article I: Organization

This section outlines the essential details of your LLC, including its name, which should comply with Montana naming requirements, its purpose, which should provide a clear and concise description of the business activities; and the principal place of business, specifying the registered office address within the state. When starting a business in Montana, the effective date of formation should be included, as well as the duration of the LLC, whether perpetual or for a specific term. This article should also mention any relevant state-specific requirements, such as naming Registered Agent who will receive legal documents on behalf of the LLC.

Article II: Management and Voting

In this part of the Operating Agreement, the management structure of the LLC should be clearly defined, whether it will be managed by its members or designated managers. The decision-making process should be outlined, including how decisions will be made, the voting rights of each member, and any specific roles and responsibilities of the members or managers. Additionally, this section should include provisions for holding meetings, such as the frequency, notice requirements, and agenda preparation. Quorum requirements and the procedure for amending the Operating Agreement should be specified, which may require a supermajority or unanimous vote.

Article III: Capital Contributions

This section should detail the initial capital contributions made by each member, specifying the amount, form (cash, property, or services), and the percentage ownership interest in the LLC. The process for future contributions should also be outlined, including any conditions or requirements for additional contributions. Furthermore, the agreement should specify how additional capital will be raised, whether through loans, the issuance of new membership interests, or other methods. The valuation of contributions made in property or services should be addressed, ensuring a fair and equitable allocation of ownership interests.

Article IV: Distributions

This article should describe how profits and losses will be allocated among the members, which may be based on their capital accounts, ownership percentages, or a predetermined formula. The timing and manner of distributions should be specified, as well as any restrictions or limitations on distributions, such as maintaining a minimum capital balance. This section should also address specific tax-related issues, such as allocating tax credits and deductions, ensuring compliance with Montana tax laws, and applicable federal tax regulations.

Article V: Membership Changes

An effective Montana Operating Agreement should include provisions for handling changes in membership, such as the addition of new members, which may require the approval of existing members and the satisfaction of certain conditions. The withdrawal or death of a member should be addressed, outlining the process for buying out or distributing the departing member’s ownership interest. The transfer or sale of a member’s ownership interest should also be detailed, including any restrictions on transfers, rights of first refusal, or approval requirements to ensure the continuity and stability of the LLC.

Article VI: Dissolution

This final article should outline the circumstances under which the LLC may be dissolved, including a unanimous vote of the members, the occurrence of a specific event, or a court order. The procedure for winding up the business affairs should be specified, including the payment of outstanding debts and liabilities, the distribution of remaining assets among the members, and the preparation and filing of final financial statements. This section should also address any required notifications to government agencies, such as the Montana Secretary of State, and the filing of any necessary documents to effectuate the dissolution, ensuring a smooth and legally compliant conclusion to the LLC’s existence.

Overall, crafting an operating agreement can be challenging and time-consuming; however, with the support of the best LLC formation services in Montana, you’ll be able to create one smoothly and worry-free!

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How to Create an Operating Agreement in Montana

Operating agreements are essential to the smooth functioning of a Limited Liability Company (LLC), as they outline the rules and regulations by which the company will operate. They also provide a legal framework for dispute resolution and define each member’s rights and responsibilities. Creating an operating agreement can be complex, but following these five steps will ensure a reliable outcome in Montana.

1. Research Montana LLC Laws and Regulations

Before drafting an operating agreement, familiarize yourself with Montana’s specific LLC laws and regulations. Each state may have unique requirements for LLCs, such as annual fees, reporting requirements, and rules on allocating profits and losses among members. Consult Montana governing agency responsible for business registration, such as the Secretary of State office, to obtain necessary information and guidance on state-specific rules.

2. Compile Essential Information and Documents

Before writing the operating agreement, gather all relevant information and documentation about your LLC, including:

Legal name of the LLC and principal location
Registered agent’s name and contact information
Name(s) of LLC members and their contact information
Percentage ownership of each member
Initial capital contributions of each member
Management structure (whether member-managed or manager-managed)
Anticipated distribution of profits and losses among members

3. Outline the Terms and Provisions

Craft a comprehensive outline of the key terms and provisions that will be included in the operating agreement. This should cover:

Operating capital and member capital contributions (both initial and additional)
Ownership percentage and sharing of profits and losses
Allocation of management responsibilities and decision-making authority
Voting rights of members and the procedure for voting on important matters
Rules governing admission and withdrawal of members
Dispute resolution process and dissolution procedures
Any other provisions relevant to the unique nature of your LLC

4. Draft the Operating Agreement

Using the outline and information you’ve gathered; create a comprehensive operating agreement tailored to the specific needs of your LLC in compliance with Montana laws and regulations. It may be helpful to seek the assistance of an attorney or legal service familiar with Montana business law. Make sure the final document clearly lays out:

The specific duties and responsibilities of LLC members
The detailed structure of management and decision-making authority
The specific allocation of profits and losses
The steps for handling disputes and potential dissolution

5. Review, Revise and Sign

Before finalizing the operating agreement, have all LLC members review the document to ensure they agree with its terms and conditions. Make any necessary revisions, and then have all members sign and date the agreement. Filing the operating agreement with Montana governing agency is not typically required, but retain a signed copy for your LLC’s records and provide a copy to each member.

Completing these five steps will help you create a reliable operating agreement tailored to your LLC’s unique needs and compliant with Montana’s laws and regulations. It will establish a clear framework for the operation and management of your business, ensuring a stable foundation for success.

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What to Do After Completing the Operating Agreement

Here are the things that you must do after completing the operating agreement of your Montana LLC.

1. Execute the Agreement: After drafting your Operating Agreement, all members should review, sign, and date the document to make it legally binding. Notarizing the document for added legitimacy is good practice, although it is not a legal requirement in most states.

2. Distribute Copies: Provide each member with a copy of the signed Operating Agreement for their records. Keeping the original document in a safe and secure location, such as a company binder or a safe deposit box, is essential.

3. Register with State Agencies: Ensure that the appropriate agencies receive the document if your state requires you to submit a copy of your Operating Agreement during the LLC formation process or any subsequent filings. Check your state’s specific requirements to ensure compliance.

Guide When Starting an LLC in Montana

Starting an LLC in Montana after completing your operating agreement? You’ll want to follow this straightforward and well-organized step-by-step guide, making for a stress-free and enjoyable start to your business venture!

Step 1: Reserve Your Business Name

If you still need to form your LLC, reserve your desired business name with the 120 days to ensure it remains available. The fees for reserving a name online are $10, and for reserving by mail, the fee is $10. You can use the Montana Secretary of State Business Search to check the availability of your desired name before submitting the reservation request.

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Step 2: Register the LLC

Depending on your business activities and location, you may need to register your Montana LLC with the Montana Department of Revenue. This could include registering for the state income tax at the 6.75% and state sales tax at the 0%; Montana has no sales tax. Additionally, you may be required to pay an annual franchise tax, with a late filing fee of in Montana, there is no late filing if not submitted on time.

Step 3: Obtain Business Licenses and Permits

Before you kickstart your operations in Montana, it is crucial to understand and comply with all state and local requirements. This involves researching and obtaining all necessary permits and business licenses through the Montana Secretary of State. The types of business licenses required may vary depending on the nature of your business. For instance, your business may require professional licenses, which ensures you meet the necessary standards and qualifications to provide your services. Further, if your business involves physical premises, zoning permits may be necessary to ensure your business activities align with the local zoning laws. The complexity may extend further if your business operations involve potential health hazards, requiring you to seek approval from the health department.

Non-compliance with these requirements could attract severe penalties and fines or even lead to the closure of the business. Therefore, keeping abreast of the latest changes is critical to ensure your business complies with applicable laws and regulations. Given the potential complexity of the regulatory landscape in Montana, consulting with legal and business experts in the region might be beneficial. This approach could save time, reduce your liability, and contribute to the smooth operation of your business. So, to evade legal complications and unnecessary exposure to the risk of non-compliance, ensure thorough research and adherence to the state and local business requirements. It lays a strong legal foundation for your business venture, fostering a seamless startup experience in Montana.

We have also compiled a list of the best business attorneys in Montana who can help you obtain your business licenses, secure permits, and handle other Montana requirements!

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Step 4: Get the EIN

The next step towards starting a construction company in Montana is applying for an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). An EIN, also referred to as a Federal Tax Identification Number, is a unique nine-digit number that the IRS assigns to businesses operating in the United States for identification purposes. This number is essential for tax administration and must be included in your tax return forms. It is also needed when opening a business bank account and helps maintain a separate legal identity for your business.

There are two main ways in which you can apply for an EIN in Montana – online and by mail. The online application process is simpler and faster. You can apply online on the IRS website if your principal business is in the United States. If you prefer to apply by mail, you must fill out Form SS-4, which you can download from the IRS website, and send to the IRS. Applying for an EIN is completely free of charge, and upon completion, your EIN is issued immediately when applying online. If you apply by mail, you can expect to receive your EIN within four weeks. Overall, obtaining an EIN is crucial in establishing a construction company in Montana.

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Step 6: File the Annual Report

In certain states, maintaining the good standing of your LLC involves more than just staying compliant with given state regulations. You may also be required to submit an annual report to the state authorities; this is a general reporting requirement that details necessary information about your business, such as the names and addresses of members, the nature of the business, and changes, if any, to your LLC. This helps keep the state updated about your business’s operations and structure. The frequency of filing your report may vary depending on specific state requirements; it could be annually or every 1 year (15th April every year).

In Montana, the process of filing an annual report also involves remitting a fee, known as the $20. This fee usually covers the cost of processing your report and maintaining your business record with the state. It’s crucial to note that failure to file your report or pay the necessary fees as stipulated might lead to penalties or, worse, administrative dissolution. Therefore, understanding your state’s specific requirements for maintaining your LLC’s good standing and diligently meeting these expectations is key for your business’s uninterrupted operation. It ensures you’re legally compliant and maintains your business’s credibility and reputation.

Step 7: Obtain a Certificate of Good Standing

In the business world, credibility and legal integrity play a significant role in attracting potential stakeholders. When establishing an LLC in Montana, obtaining a Certificate of Good Standing can help validate your business’s compliance with state regulations. This crucial document confirms your company’s status as a legally recognized entity within the state, with up-to-date state-filed paperwork, no outstanding fees, and adherence to all necessary state requirements. Therefore, by presenting this certification, you demonstrate proactivity in maintaining good legal standing, bolstering your business’s credibility.

The Certificate of Good Standing serves more than establishing compliance. You might find it a necessary document for several important business activities. Compiled at the Montana Secretary of State‘s office, it is a common requirement when opening a business bank account. Financial institutions must ensure your LLC’s validity before trusting it with a bank account. Beyond that, this certificate becomes even more critical if you plan to secure additional financing or find partners. It is proof of your business’s good legal health, positively influencing your company’s relationship with potential financiers or partners. Therefore, requesting the Certificate of Good Standing from the Montana Secretary of State‘s office becomes an essential action point in your business setup checklist.

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Step 8: Open a Business Bank Account

To maintain the separation between your personal and business finances, open a dedicated business bank account for your LLC. This will make tracking expenses, managing cash flow, and maintaining accurate financial records easier. Many banks offer business accounts with various benefits and features tailored to the needs of small businesses.

Step 9: Maintain Ongoing Compliance

Ensure your LLC complies with state and local regulations, including timely filing annual reports, payment of required fees, and maintaining accurate records. Staying up-to-date with any changes to laws and regulations can help prevent potential legal issues and maintain your LLC’s good standing.

Following these steps after forming an Operating Agreement can ensure your LLC’s smooth and successful start. By staying compliant with state and local regulations, maintaining accurate financial records, and protecting your business with insurance, you can build a strong foundation for your company’s future growth and success.

Why Do I Need an Operating Agreement

1. Legal Protection: An Operating Agreement helps protect the limited liability status of your Montana LLC, shielding your assets from potential business debts and liabilities. It also provides legal protection by outlining each member’s rights, responsibilities, and liabilities, minimizing the likelihood of member disputes.

2. Management and Operational Clarity: An Operating Agreement establishes your LLC’s management structure, whether member-managed or manager-managed. It also outlines the decision-making process, voting rights, and other operational procedures, ensuring clarity and consistency in the day-to-day management of your business.

3. Customization: An Operating Agreement allows you to tailor the rules and procedures of your LLC in Montana to suit your specific business needs, rather than relying on default state laws that may not be a perfect fit for your company.

4. Credibility and Professionalism: Having a well-drafted Operating Agreement in place demonstrates your commitment to running a professional and legitimate business, making it easier to establish relationships with banks, investors, and other business partners.

FAQs

What is a Montana operating agreement?

A Montana operating agreement is a legal document that outlines the ownership and operating procedures of a Montana limited liability company (LLC).

Is a Montana operating agreement required for an LLC in Montana?

While an LLC operating agreement is not required by Montana law, having one is highly recommended to help protect the owners and provide clarity for decision-making.

How is a Montana operating agreement different from any other state operating agreement?

There may be slight differences in state-specific regulations and requirements, so it’s important to consult with a Montana lawyer when drafting your Montana operating agreement.

Who needs a Montana operating agreement?

Anyone who wants to form an LLC in Montana should create a Montana operating agreement.

What information should be included in a Montana operating agreement?

A Montana operating agreement should include ownership percentages, decision-making procedures, management responsibilities, distributions, and dissolution procedures.

Can a Montana operating agreement be changed?

Yes, a Montana operating agreement can be amended or updated as needed.

Do all members of an LLC in Montana need to sign the operating agreement?

Yes, all members of a Montana LLC should sign the operating agreement.

Can a non-resident of Montana be a member of a Montana LLC?

Yes, there is no residency requirement for members of a Montana LLC.

Is there a limit to the number of members allowed in a Montana LLC?

No, there is no legal limit to the number of members allowed in a Montana LLC.

Can a Montana operating agreement be oral instead of written?

While oral agreements may be recognized in Montana, a written operating agreement is strongly recommended to avoid confusion and potential legal disputes.

What should you do if your LLC doesn’t have an operating agreement?

It’s recommended to create and adopt a Montana operating agreement with the help of a Montana lawyer.

Is it necessary to have a lawyer to create a Montana operating agreement?

While it’s possible to create a Montana operating agreement without a lawyer, consulting with one can help ensure that your operating agreement is legally sound.

Do you have to file a Montana operating agreement with the state?

No, a Montana operating agreement does not need to be filed with the state.

Are there any annual requirements to maintain a Montana operating agreement?

While there are no annual requirements to maintain a Montana operating agreement, it should be reviewed and updated periodically as needed.

Is it possible to dissolve a Montana LLC without an operating agreement?

While it’s possible to dissolve a Montana LLC without an operating agreement, having one can simplify the process and help avoid potential legal issues.

What happens to a Montana LLC if an operating agreement is not in place at the time of the owner’s death?

The Montana LLC may become subject to state law in the absence of an operating agreement.

Can a Montana operating agreement set limitations on member liability?

Yes, a Montana operating agreement can set limitations on member liability.

Can a Montana operating agreement address member disputes?

Yes, a Montana operating agreement can include procedures for member dispute resolution.

Can a Montana operating agreement have multiple supervisors or managers?

Yes, a Montana operating agreement can have multiple supervisors or managers.

Can a Montana operating agreement address member buyouts or sales?

Yes, a Montana operating agreement can address member buyouts or sales.

What types of businesses are best suited for an LLC in Montana?

LLCs may be a good choice for small businesses, startups, freelancers, and sole proprietors in Montana.

Does filing hand-modified LLC operating agreement create possible issues?

Hand-modified documents may pose legal risks and potential confusion, especially in court proceedings.

Are LLC operating agreements public records in Montana?

LLC operating agreements in Montana are generally confidential and not required to be filed with the state.

Can a Montana operating agreement require unanimous consent for certain decisions?

Yes, a Montana operating agreement can require unanimous consent for certain decisions.

Can a Montana operating agreement specify ownership transfer restrictions?

Yes, a Montana operating agreement can specify ownership transfer restrictions.

What types of businesses should avoid using an LLC in Montana?

It’s important to consult with a Montana lawyer to determine if an LLC is appropriate for your business needs.

What happens if an LLC member files bankruptcy in Montana?

An LLC operating agreement should outline bankruptcy procedures, but ultimately the member’s bankruptcy may affect their stake in the LLC.

Can a Montana operating agreement set monetary thresholds for decision-making?

Yes, a Montana operating agreement can set monetary thresholds for decision-making.

Can a Montana LLC have a non-voting member?

Yes, a Montana LLC can have non-voting members.

What is a Montana LLC Operating Agreement?

A Montana LLC Operating Agreement is a legal document that governs the internal operation of a limited liability company (LLC) in Montana.

Is it mandatory for an LLC in Montana to have an Operating Agreement?

It is not mandatory by Montana law, but it recommended that all LLCs have an Operating Agreement.

What information is typically included in a Montana LLC Operating Agreement?

A Montana LLC Operating Agreement typically covers a range of topics including member roles, voting procedures, profit and loss allocation, decision-making protocols, and dispute resolution.

Can I draft my own Operating Agreement for my Montana LLC?

Yes, as long as it is legally binding and contains all the necessary details. However, it is best to have an attorney review all legal documents for completeness and compliance before they are used.

What happens if my Montana LLC does not have an Operating Agreement?

In the absence of an LLC Operating Agreement in Montana, the internal operation and governance of the LLC will be subject to the default provisions of the Montana Limited Liability Company Act.

Can the members of a Montana LLC amend its Operating Agreement once it’s in place?

Yes. Montana LLC Operating Agreements may be amended by the vote of all members in accordance with the protocol specified in the Operating Agreement.

What is the standard protocol for amending an existing Operating Agreement in Montana?

The standard protocol for amending an LLC Operating Agreement in Montana includes providing written notice to all members, holding a vote regarding changes and documenting the change.

Can Operating Agreements in Montana include non-compete clauses?

Yes, Montana LLC Operating Agreements can include non-compete clauses as long as it follows Montana Business Law.

Can Provision in Montana Operating Agreements Decide Ownership Percentage?

LLC Operating agreements in Montana can contain provisions to address ownership percentage and capital commitment among members.

Who typically signs a Montana LLC Operating Agreement, and when is it signed?

The members of a Montana Limited Liability Company, and the Operating Agreement is usually executed after its entity formation with the state of Montana.

Are there any special rules that apply to LLC Operating Agreements in Montana?

Yes, Montana law governs the execution of LLC Operating Agreements, and variance from such, may cause potential violations exposed in court.

Is it necessary to have an attorney prepare a Montana LLC Operating Agreement?

No. It is not mandatory by law; as long as the Operating Agreement, if created with sufficient diligence, contains all the critical details law requires, working with trained attorneys during drafting could be beneficial.

What happens if an LLC Operating Agreement in Montana is challenged in court?

Eventually, the justice found rule out whether the Operating agreement could be sustained according to Montana law or not, and if adjournment occurs, the buyout could be used as an alternative resolution.

Can a member of an LLC in Montana be removed according to the Operating Agreement?

Yes, but usually through oppressive conduct led afoul by a fellow member first.

Can there be more than one Operating Agreement for a Montana LLC depending on stages of a business?

No, up to date adoption of Operating Agreement sole entity wide agreement without specified prior editions or intentions to “upgrade” the terms.

Can public or financial liabilities for an Montana LLC be limited by an Operating Agreement?

Operating agreement language, including state law, may insulate members and managers from company claims/losses; however, it most certainly cannot absolve the operating agreement creator(s) from accounting reputable damages.

Is Montana LLC Operating Agreement the same for all Member roles?

No. The Operating Agreement so drafted differentiates, with precise language, diverse member types’ rights and commitments.

Can the Montana LLC Operating Agreement decide how profits and losses are allocated?

Yes. Earning distribution decisions can vary from similar percentage or classes. It can include addition adjustments to dissociated members like profits loss allocations, similar acts exclusive of unjustified administration can also be considered.

Who creates the Montana LLC Operating Agreement?

Mostly its internal members do it, and it could be supplemented by a memory of assent between members and drafters attesting implementation.

Do individual states have their rules for LLC Operating Agreements?

Yes. Even Montana provides minimum standards in their respective Municipal law, they function over core overall rules which mold Montana legal strategy.

Is there another case of the Montana Operating agreement being represented as contracts?

Yes, each state readjusted their corporate law allowing LLC creation along with their Operating Agreements that execute as organizational bond contracts among included people.

How important is it that are all the Montana Operating Agreement details reflects complete consistency towards the LLC Law principles?

It’s essential that all the details of an LLC Operating Agreement are consistently reflecting Montana LLC law in its principles based agreement-making mutual expectations and hold all parties accountable in their commitment to agreed interstate compliance standards

Do Operating Agreements explain cross-balancing ability?

Yes, especially in an LLCO which makes the Operating Agreement includes buy-sell requirements/benefit limitations.

Can the Montana Operating Agreement mandate a Capital Commitment from business co-founders, required at LLC creation?

Yes, much depending on Organizational Architecture usage.

What if a member-in-arrears on payments as mentioned in an Operating Agreement cites that voluntary company dissolution by vote is in their interest?

Attempt to revise or remove members occurs following a complaint alleging failure to pay agreed membership cost under circumstances mentioned in the operating proposal should always require an evidence of the malfunction payment method first.

Should Business Owners Using Montana LLC Operating Agreement Follow It Blindly?

No, both LLC Law provisions and, MONTANA Law must likewise determine all rules operation governing.

In Montana, can an LLC establish an exception The Fair Labor Standards Act of Retail Sale?

No LLCCs they can not establish any exceptions except for allowing managerial discretion when they want to manage job costs more efficiently when enacting The Fair Labor Standards Act of Retail Regulation.

Do Montana multi-generational or family-originated LLCs require an operating agreement?

Even within multi-generational arrangements varying from nonprofits to startups, strict compliance with LLC Law ensures incomplete legal identities remain delimited entirely by exceptions as remains without judgement due negligence neglecting proper filings.

What documents must a foreign LLC provide in Montana?

A foreign LLC from the external state and federal jurisdiction who established the operating framework authority firstly must explain how their business goodwill starts over these differing laws.

Conclusion

A well-crafted Montana Operating Agreement is essential for the smooth operation of your LLC and the protection of your assets. By including these key components and tailoring the document to your specific needs, you can create a solid legal foundation for your business. It is highly recommended to consult with an experienced attorney or business professional when creating your Operating Agreement to ensure compliance with Montana laws and regulations. With a comprehensive and effective Operating Agreement, you can focus on confidently growing and managing your business. To learn more about forming an LLC in Montana, visit LLCBase.