SUPPLEMENT UPDATE: Indiana Limited Liability Company Forms and Practice Manual, May 2022 (1.26)

by R. Alexander Swider, Esq., James R. Collins, Esq. and Timothy J. Riffle, Esq. (2022)

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SUPPLEMENT UPDATE: Indiana Limited Liability Company Forms and Practice Manual, May 2022 (1.26)

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R. Alexander Swider, Esq. is an associate in the Indianapolis office of Barnes & Thornburg LLP. Mr. Swider practices in the area of corporate law and taxation, holding both a JD and CPA. He has experience in the areas of mergers and acquisitions, entity formation, corporate governance, federal taxation, and equity compensation arrangements. Mr. Swider assists large public corporations and privately held companies of all sizes and at every stage of development on a wide variety of corporate law matters. He advises clients in negotiating complex merger and acquisition deals, venture capital and private equity investments, and regarding tax structuring and analysis. He also advises on compliance and antitrust issues that often arise in M&A and other transactions for growing companies.

Mr. Swider graduated in 2007 from Indiana University from the Kelley School of Business where he received his B.A. in accounting. He also received his J.D.summa cum laude in 2017 from the Indiana University Robert H. McKinney School of Law, where he was the Managing Editor of the Indiana Law Review,Volume 50. He joined Barnes & Thornburg LLPin 2017. Before attending law school, Mr. Swider was a senior associate with accounting firm, Katz, Sapper & Miller LLP, where he worked as a financial auditor in Indianapolis. He serves as a member of the Goodwill Young Leaders Board and the Central Indiana Police Foundation Board.

James R. Collins, Esq. is an associate in the Indianapolis office of Barnes & Thornburg LLP. Mr. Collins practices in the area of corporate law. He has experience in the areas of mergers and acquisitions, entity formation, corporate governance, and antitrust.

Mr. Collins graduated in 2013 from Purdue University from the Krannert School of Management where he received his B.S. in Economics and Management.  He also received his J.D. in 2020 from Indiana University’s Maurer School of Law where he graduated cum laude. He joined Barnes & Thornburg in 2021 after working for a firm in New York City.

Timothy J. Riffle, Esq. is a partner in the Indianapolis office of Barnes & Thornburg LLP, serving as the chair of the Tax Section of the Corporate Department. He practices primarily in the area of federal taxation and has extensive experience in structuring business combinations, new business formations, pass-through entities (partnerships, S corporations, and LLCs) and tax-exempt organizations. He also represents individuals and families in the areas of charitable giving, foundations, and gift and estate taxation, and is admitted to practice before courts in Indiana and the United States Tax Court. Mr. Riffle received his B.A. from Indiana University/Bloomington (magna cum laude) and his J.D. from the Indiana University School of Law/Bloomington (magna cum laude) where he was a member of the Order of the Coif.

Addressed in this year's supplement:

  • Description of the recent trend of more LLCs electing to be taxed as a subchapter S corporation (as opposed to a partnership) and a detailed explanation of the various advantages and disadvantages of making such an election.
  • A new form operating agreement for a single-member LLC with subchapter S election.
  • New form Articles of Organization for a Series LLC.
  • Updated accredited investor questionnaire reflecting amendments adopted by the US Securities and Exchange Commission.

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