MEMORANDUM NO. 2003-02
Limited Liability Companies - Revised Forms 6B and 75
NOTE: This memo is superseded by Memorandum No. 2019-02.
| TO: | Commissioners, District Administrators, Self-Insureds, Insurance Carriers, Attorneys, Unions, and Advisory Board Members |
| FROM: | John A. Mastropietro, Chairman |
| DATE: | April 17, 2003 |
| RE: | Limited Liability Companies - Revised Forms 6B and 75 |
It has recently come to the attention of this Commission that uncertainty exists in the business community of this state regarding the obligations of members of limited liability companies (LLCs) to request inclusion or exclusion under the Workers' Compensation Act. After carefully considering this matter, we have determined that members of LLCs that contain only one member (single-member LLCs) should be presumed to be excluded from the Act unless they have elected to be covered, while members of multiple-member LLCs should be presumed to be covered under the Act unless they have elected to be excluded. In order to clarify this policy, we have amended our Form 6B and our Form 75 accordingly, and direct all members of LLCs to use such forms in the future.