How to create an LLC operating agreement in 9 steps Decide between a template or an attorney. Include your business information. List your LLC's members. Choose a management structure. Outline ownership transfers and dissolution. Determine tax structure. Gather LLC members to sign the agreement. Distribute copies.
And while most states do not require LLCs to have a written operating agreement, having the agreement in writing can reduce uncertainties and is generally recommended.
How to Write an Operating Agreement – Step by Step Step One: Determine Ownership Percentages. Step Two: Designate Rights, Responsibilities, and Compensation Details. Step Three: Define Terms of Joining or Leaving the LLC. Step Four: Create Dissolution Terms. Step Five: Insert a Severability Clause.
Increased Legal Vulnerability: An operating agreement strengthens the LLC's limited liability status, protecting your personal assets from business debts. Without it, there's a higher risk of personal liability for business obligations if the LLC is sued.
Once the document is signed by the members of the limited liability company, it acts as an official contract binding them to its terms.
How to create an LLC operating agreement in 9 steps Decide between a template or an attorney. Include your business information. List your LLC's members. Choose a management structure. Outline ownership transfers and dissolution. Determine tax structure. Gather LLC members to sign the agreement. Distribute copies.
Instead, you should consult a team of seasoned contract lawyers—like the team at Gordon Law—who'll help you create a well-drafted, clear, compliant, and legally binding operating agreement for your LLC.
A strong operating agreement should address LLC ownership (who are the members and what are their membership percentages), the rights and responsibilities of members, member shares of profits and losses, management structure (member-managed or manager-managed), the amendment process, how members can buy in or sell out ...
Does an LLC operating agreement need to be notarized? An LLC operating agreement does not need to be notarized.