Difference between revisions of "LLC Operating Agreement"
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| − | This is an agreement that is like corporate by-laws, or a partnership agreement. The operating agreement defines each member or manager's rights, powers and entitlements. This includes capital accounts, membership interest, distributions of profit and allocated tax responsibility. This internal document is an agreement set by the company members that contains provisions for critical items and rules that run the company. Operating agreements can be amended at any time by the company members or managers. | + | This is an agreement that is like corporate by-laws, or a partnership agreement. The operating agreement defines each member or manager's rights, powers and entitlements. This includes capital accounts, membership interest, distributions of profit and allocated tax responsibility. This internal document is an agreement set by the company members that contains provisions for critical items and rules that run the company. Operating agreements can be amended at any time by the company members or managers. |
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| + | An operating agreement will give members protection from personal liability to the LLC. Without that formality, the LLC can resemble a sole proprietorship or partnership to a civil court. State rules will govern an LLC without an operating agreement. The default rules defined by the state might not be suitable to the LLC or cover specific legal liability. | ||
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| + | Example items covered in an operating agreement: | ||
| + | * Percentage of each member ownership | ||
| + | * Voting rights and responsibilities | ||
| + | * Powers and duties of members and managers | ||
| + | * Distribution of profits and liability of loses | ||
| + | * Regular meeting requirements | ||
| + | * Buyout and sell rules or ownership or share transference. | ||
| + | * Ownership issues involving death. | ||
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[[Category:Business]] | [[Category:Business]] | ||
Revision as of 21:41, 9 July 2015
This is an agreement that is like corporate by-laws, or a partnership agreement. The operating agreement defines each member or manager's rights, powers and entitlements. This includes capital accounts, membership interest, distributions of profit and allocated tax responsibility. This internal document is an agreement set by the company members that contains provisions for critical items and rules that run the company. Operating agreements can be amended at any time by the company members or managers.
An operating agreement will give members protection from personal liability to the LLC. Without that formality, the LLC can resemble a sole proprietorship or partnership to a civil court. State rules will govern an LLC without an operating agreement. The default rules defined by the state might not be suitable to the LLC or cover specific legal liability.
Example items covered in an operating agreement:
- Percentage of each member ownership
- Voting rights and responsibilities
- Powers and duties of members and managers
- Distribution of profits and liability of loses
- Regular meeting requirements
- Buyout and sell rules or ownership or share transference.
- Ownership issues involving death.
