This Operating Agreement State Of Illinois Manager: Fill & Download for Free

Delaware is one of the most popular states for businesses because it offers the following benefits.Let’s cover the top reasons why Delaware may be the best state for you to form your next business.Privacy Protection: Delaware LLCs are not required to list member names and addresses in their filings. Members and managers are only specified in the LLC’s operating agreement, which is private by nature. Therefore, ownership and management information is not recorded and available as public records.Asset Protection: Delaware LLCs possess increased asset protection against creditors. This means that if a member of an LLC has a judgment filed against him/her, a creditor cannot attack the LLC or acquire any portion of the LLC's assets. This benefit protects everyone in the company.Tax Benefits: Delaware does not tax companies that operate outside of its borders. This means you do not end up paying Delaware state taxes if you have no physical office or do business directly within the state.Business Laws: Delaware has a well established Court of Chancery that allows business issues to be resolved quickly by a judge who specializes in corporate law and has expertise in resolving complex corporate disputes.Simple Startup and Minimal Requirements: Very little information is required to form an LLC in Delaware and start-up involves only a small filing fee. Additionally, there are no meetings or voting requirements.Low Annual Fees and Simple Maintenance: The cost to maintain a Delaware LLC is simple and inexpensive. Once a year, a simple form and an annual Franchise Tax Fee of $300 must be filed with the Delaware Secretary of State, and a Registered Agent Fee must be paid annually, as all Delaware LLCs are required by law to have a Registered Agent to accept service of process.Ready to form your Delaware LLC? Follow this guide to register your Delaware LLC.

First and foremost, I’d suggest that anyone who is currently using cannabis in Illinois - recreational or medicinal - who has a job (or not), to read the Illinois Cannabis Regulation & Tax Act.Not only does it provide you with absolutely everything you’d want to know about the cannabis situation in Illinois, but it can actually help you in this case.The good news is, in this case, everything you could want to know is in Article 10. I won’t spoil the ending for you, but you may be in a better position than you thought.Sit back and get your eyeglasses out, because it’s going to be quite a read:You should definitely pay attention to Section 25:(410 ILCS 705/10-25)Sec. 10-25.Immunities and presumptions related to the use of cannabis by purchasers.(a) A purchaser who is 21 years of age or older is not subject to arrest, prosecution, denial of any right or privilege, or other punishment including, but not limited to, any civil penalty or disciplinary action taken by an occupational or professional licensing board, based solely on the use of cannabis if (1) the purchaser possesses an amount of cannabis that does not exceed the possession limit under Section 10-10 and, if the purchaser is licensed, certified, or registered to practice any trade or profession under any Act and (2) the use of cannabis does not impair that person when he or she is engaged in the practice of the profession for which he or she is licensed, certified, or registered.(b) A purchaser 21 years of age or older is not subject to arrest, prosecution, denial of any right or privilege, or other punishment, including, but not limited to, any civil penalty or disciplinary action taken by an occupational or professional licensing board, based solely for (i) selling cannabis paraphernalia if employed and licensed as a dispensing agent by a dispensing organization; (ii) being in the presence or vicinity of the use of cannabis or cannabis paraphernalia as allowed under this Act; or (iii) possessing cannabis paraphernalia.[1][1][1][1]Don’t get too excited, we’re not done yet. Section 35 spells out all of the people who CANNOT use cannabis, and states:(410 ILCS 705/10-35)Sec. 10-35.Limitations and penalties.(a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct:(1) undertaking any task under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;(2) possessing cannabis:(A) in a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;(B) on the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;(C) in any correctional facility;(D) in a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or(E) in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;(3) using cannabis:(A) in a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;(B) on the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;(C) in any correctional facility;(D) in any motor vehicle;(E) in a private residence that is used at anytime to provide licensed child care or other similar social service care on the premises;(F) in any public place; or(G) knowingly in close physical proximity toanyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act;(4) smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act;(5) operating, navigating, or being in actual physical control of any motor vehicle, aircraft, watercraft, or snowmobile while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code, Section 5-16 of the Boat Registration and Safety Act, or Section 5-7 of the Snowmobile Registration and Safety Act;(6) facilitating the use of cannabis by any person who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Program Act;(7) transferring cannabis to any person contrary to this Act or the Compassionate Use of Medical Cannabis Program Act;(8) the use of cannabis by a law enforcement officer, corrections officer, probation officer, or firefighter while on duty; nothing in this Act prevents a public employer of law enforcement officers, corrections officers, probation officers, paramedics, or firefighters from prohibiting or taking disciplinary action for the consumption, possession, sales, purchase, or delivery of cannabis or cannabis-infused substances while on or off duty, unless provided for in the employer's policies. However, an employer may not take adverse employment action against an employee based solely on the lawful possession or consumption of cannabis or cannabis-infused substances by members of the employee's household. To the extent that this Section conflicts with any applicable collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail. Further, nothing in this Act shall be construed to limit in any way the right to collectively bargain over the subject matters contained in this Act; or(9) the use of cannabis by a person who has a school bus permit or a Commercial Driver's License while on duty.As used in this Section, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. "Public place" includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the State or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.(b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis, operating a watercraft under the influence of cannabis, or operating a snowmobile under the influence of cannabis if probable cause exists.(c) Nothing in this Act shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.(d) Nothing in this Act shall require an individual or business entity to violate the provisions of federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)[2][2][2][2]Hopefully you sat there and read all of that, because I’m not going to sit here and explain all of the people/jobs who CAN’T use cannabis.Maybe you skipped all of it because you just want the answer all nice and tidy and spelled out for you. Tricked you, because we’re not done yet.Section 50 is the real meat and potatoes. Hopefully you got this far. If you have, I commend you:(410 ILCS 705/10-50)Sec. 10-50.Employment; employer liability.(a) Nothing in this Act shall prohibit an employer from adopting reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner.(b) Nothing in this Act shall require an employer to permit an employee to be under the influence of or use cannabis in the employer's workplace or while performing the employee's job duties or while on call.(c) Nothing in this Act shall limit or prevent an employer from disciplining an employee or terminating employment of an employee for violating an employer's employment policies or workplace drug policy.(d) An employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that an employee manifests specific, articulable symptoms while working that decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; disregard for the safety of the employee or others, or involvement in any accident that results in serious damage to equipment or property; disruption of a production or manufacturing process; or carelessness that results in any injury to the employee or others. If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination.(e) Nothing in this Act shall be construed to create or imply a cause of action for any person against an employer for:(1) actions taken pursuant to an employer's reasonable workplace drug policy, including but not limited to subjecting an employee or applicant to reasonable drug and alcohol testing, reasonable and nondiscriminatory random drug testing, and discipline, termination of employment, or withdrawal of a job offer due to a failure of a drug test;(2) actions based on the employer's good faith belief that an employee used or possessed cannabis in the employer's workplace or while performing the employee's job duties or while on call in violation of the employer's employment policies;(3) actions, including discipline or termination of employment, based on the employer's good faith belief that an employee was impaired as a result of the use of cannabis, or under the influence of cannabis, while at the employer's workplace or while performing the employee's job duties or while on call in violation of the employer's workplace drug policy; or(4) injury, loss, or liability to a third party if the employer neither knew nor had reason to know that the employee was impaired.(f) Nothing in this Act shall be construed to enhance or diminish protections afforded by any other law, including but not limited to the Compassionate Use of Medical Cannabis Program Act or the Opioid Alternative Pilot Program.(g) Nothing in this Act shall be construed to interfere with any federal, State, or local restrictions on employment including, but not limited to, the United States Department of Transportation regulation 49 CFR 40.151(e) or impact an employer's ability to comply with federal or State law or cause it to lose a federal or State contract or funding.(h) As used in this Section, "workplace" means the employer's premises, including any building, real property, and parking area under the control of the employer or area used by an employee while in the performance of the employee's job duties, and vehicles, whether leased, rented, or owned. "Workplace" may be further defined by the employer's written employment policy, provided that the policy is consistent with this Section.(i) For purposes of this Section, an employee is deemed "on call" when such employee is scheduled with at least 24 hours' notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment either at the employer's premises or other previously designated location by his or her employer or supervisor to perform a work-related task.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)[3][3][3][3]SO WHAT DOES IT ALL MEAN?!?!?!?!!The bad news first.You might be one of those people who isn’t technically allowed to use cannabis in the first place. In that case, you’re probably going to get fired. Sorry!Also, if your employer has any sort of “Drug Free Workplace” or zero-tolerance policy, you’re kind of shit out of luck. They’re legally allowed to fire you - the legalization of recreational cannabis doesn’t null & void the employer’s rights in their place of business (which you may have already agreed to by signing a contract to work there). Sorry!The good news now —If you were partaking legally, your job doesn’t have any sort of explicit “Drug Free” policy, you’re not “restricted” in any way — there’s nothing they can really do about it.Hopefully you read Article 50 up there, because it does spell out some caveats - mainly about being under the influence in the workplace. Every situation will be unique, which is why I urged you in the first place to READ THE ACTUAL LAW. Every one of my footnotes link to the law itself, so you have no excuses.If you TRULY were partaking in cannabis OUTSIDE of work hours, there is NO “Drug Free” or zero-tolerance policy, and you AREN’T one of the “restricted” occupations, you can’t be fired and you get to work (and smoke) another day.Keep in mind, because of legalization and all of these provisions, employers are undoubtedly updating their policies regarding cannabis/drugs.Please make sure you are staying CURRENT on your jobs policies!Update 7/22/2020 - It’s been pointed out to me that some people with federal jobs might not realize that their federal job prohibits use of a federally illegal substance. Although I don’t understand how someone could possibly be that disconnected from the obvious, I guess I can understand the need for clarification — As a federal employee, there is NO exception for cannabis use, regardless of the legal status of cannabis in the state you live in.Footnotes[1] 410 ILCS 705/ Cannabis Regulation and Tax Act.[1] 410 ILCS 705/ Cannabis Regulation and Tax Act.[1] 410 ILCS 705/ Cannabis Regulation and Tax Act.[1] 410 ILCS 705/ Cannabis Regulation and Tax Act.[2] 410 ILCS 705/ Cannabis Regulation and Tax Act.[2] 410 ILCS 705/ Cannabis Regulation and Tax Act.[2] 410 ILCS 705/ Cannabis Regulation and Tax Act.[2] 410 ILCS 705/ Cannabis Regulation and Tax Act.[3] 410 ILCS 705/ Cannabis Regulation and Tax Act.[3] 410 ILCS 705/ Cannabis Regulation and Tax Act.[3] 410 ILCS 705/ Cannabis Regulation and Tax Act.[3] 410 ILCS 705/ Cannabis Regulation and Tax Act.

I'd rather recommend you to form an LLC.LLC combines the limited liability protection of a corporation (hence the name) with the flexibility and pass through taxation of a partnership/sole proprietorship. Like the shareholders of a corporation, the owners (members) of an LLC are not personally responsible for the debts or liabilities of the LLC.The LLC has no limitations on who may be involved, and it can be managed by its members or by managers. It is often more flexible than a corporation and it is well-suited for companies with a single owner.Advantages:Limited Liability - owners of the business are not personally responsible for the business's debts;No limits on number of members;Flexibility in tax designation - LLC can be taxed as disregarded entity/partnership (default), or as S Corp or C corp (requires filing additional election documents with IRS and some states);No double taxation, when elected to be taxed as disregarded entity/partnership, or S Corp.Disadvantages:In some states (e.g. New York, Illinois) more expensive to form and/or renew than corporation;If your business is looking for major investment, your investors might be reluctant to invest in an LLC.Quick Comparison: LLC vs. C-CorporationThe entities are taxed differently.By default an LLC is a pass-through tax entity, meaning that the income is not taxed at the company level (however, a Multi-Member LLC is still required to complete a separate tax return). The income or loss as shown on this return is 'passed through' the business entity to the individual members, and is reported on their individual tax returns.C-Corporation is a separately taxable entity, and pays tax on the income prior to any dividend distributions to shareholders. If and when corporate earnings are distributed to shareholders in the form of dividends, the corporation does not receive the reasonable business expense deduction, and dividend income is taxed as regular income to the shareholders.The entities differ in their structure.LLCs are less rigid in their structure than corporations, so you have more flexibility in adapting the LLC to your unique business. The Operating Agreement of an LLC can be structured in a limitless number of ways.Formality:A corporation is a formal entity with officers and directors (at least one of each) required. An LLC, on the other hand, can be 'member managed' and run in a less formal way. For small, start-up businesses, less formality means you can focus on making money rather than administrative work.