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.
The members of an LLC are required to adopt a written Operating Agreement. See Section 417 of the Limited Liability Company Law. The Operating Agreement may be entered into before, at the time of, or within 90 days after the filing of the Articles of Organization.
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.
Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...
Georgia state law doesn't require you to have an operating agreement, but it does give “maximum effect” to freedom of contract, so a strong operating agreement can give you a lot of control over your LLC in this state.
Yes. Even a single-member LLC needs an operating agreement. It's a common belief that, with only one member, such an agreement might be unnecessary. However, having this document offers legal protection and clarity.
Perhaps you live in one of the five states (California, New York, Maine, Delaware and Missouri) that require you to file an operating agreement if you intend to form a Limited Liability Corporation (LLC).
While not always legally required, operating agreements play a critical role in the smooth operation, legal protection, and financial clarity of LLCs. Their absence can lead to governance by default state laws, management, and financial disorganization, and increased legal vulnerabilities.
Check With Your Company Agent The registered business agent is often a commercial service that exists explicitly to serve this function. The agent may also be an individual officer in your LLC. Request a copy of the operating agreement from this individual or entity.