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Week 6: EIN & Operating Agreement

⏱️ Block 2 · Entities · 2-3 hours (after LLC approval)

🎯 Week Goal

Obtain your EIN from the IRS (free, 15 minutes, immediate) and create a comprehensive Operating Agreement that protects your LLC structure — including the officer provision that protects your ownership.

📌 Learning Objectives

  • Apply for and receive an EIN from the IRS
  • Recognize when to use EIN vs. SSN
  • Create an Operating Agreement customized for a music business
  • Explain the difference between Members, Managers, and Officers

🔢 What's an EIN?

Your EIN is your business's Social Security Number. Free. Takes about 15 minutes at IRS.gov, and it's issued immediately.

📝 Part A: Get Your EIN

  1. Go to IRS.gov → "Apply for an Employer ID Number (EIN)" → Begin Application (free — never pay a third-party site)
  2. Select entity type: Limited Liability Company, your state; single-member LLCs are identified automatically
  3. Enter LLC information — legal name exactly as on your Certificate of Organization; physical AND mailing address = your virtual business address (important for the bank account!)
  4. Responsible party = YOU (managing member); SSN required — this is not public information
  5. Business questions — activity: music publishing / record production; start date: LLC formation date; employees: 0; reason: "Banking purposes"
  6. Submit — EIN issued immediately. Save the confirmation letter (CP 575) as PDF in multiple places

You need your EIN to: open business bank accounts · register with PROs as a PUBLISHER · register with mechanical agencies · receive royalty payments properly · issue and receive W-9s.

📝 Part B: Create Your Operating Agreement

  1. Choose a tool — Rocket Lawyer ($40-50 or $10/mo), LawDepot ($20-40), or free with Northwest Registered Agent. Do NOT use a registered agent's generic boilerplate — customize for music
  2. Include the essential components:
    • LLC basics — name, formation date, state, address, purpose: "Music publishing, record production, and distribution"
    • Members — you, 100% ownership (single-member)
    • Management — Manager-Managed, you named as manager with full authority
    • Profit distribution schedule and retained earnings policy
    • OFFICERS provision (critical for music!) — allows the LLC to appoint officers (President, VP, Secretary, Treasurer)
    • Dissolution terms — specify copyrights return to members
  3. Sign as "Managing Member" and date; store the original safely with digital copies

👥 Members vs. Managers vs. Officers — The Critical Distinction

PositionRightsWho Should Be This?
MemberOwns a percentage · receives profit distributions · voting rights · shares assets on dissolutionYou (the owner) · true business partners · investors
ManagerRuns daily operations · signs contracts · makes business decisionsYou, in most cases
OfficerSpecific duties · NO ownership · NO profit share · can be hired/firedArtist manager · business manager · A&R director — anyone you pay to work

💡 Pro Tip

By making your artist manager an OFFICER instead of a MEMBER, you keep 100% ownership of your label while giving them authority to work. They get paid for their services — but they don't own part of your business.

✍️ EIN & Operating Agreement Worksheet

✅ Week 6 Checklist

Check off each item as you complete it.

  • EIN obtained directly from IRS.gov (free) and confirmation letter saved
  • Operating Agreement drafted and customized for my music business
  • Officer appointment provision included
  • Copyright ownership / dissolution clause included
  • Agreement signed as Managing Member and stored securely
  • EIN and agreement details added to Master Business Document
📎 Submit: EIN confirmation letter (redact if desired) + signed Operating Agreement.

🖨️ Print My Week 6 Report (for Canvas upload)

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