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Georgia does not require any LLC to have an Operating Agreement. This applies to single-member and multi-member LLCs. You can still create your own for use in your company, however.
10 Must Haves in an LLC Operating Agreement To get you started, here is a Top 10 list underscoring the major provisions that an LLC operating agreement should have. 1) Member Financial Interest. 2) Corporate Governance. 3) Corporate Officer's Power and Compensation. 4) Non-Compete. 5) Books and Records Audit.
A limited liability company (LLC) is a business structure that offers limited personal liability on the part of the owner. An LLC also offers the possibility of certain tax benefits. A specialized attorney may be able to help you determine if an LLC is appropriate for your business.
There are important differences between LLCs and sole proprietorships. The most significant difference is whether you have limited liability for the business' debts and obligations, as with an LLC, or whether the business' liabilities and obligations fall to you personally in the event of a lawsuit or debt collection.
An operating agreement should include the following: Percentage of members' ownership. Meeting provisions and voting rights. Powers and duties of members and management. Distribution of profits and losses. Tax treatment preference. A liability statement. Management structure. Operating procedures.
Your business name must include the words Limited Liability Company, LLC, or L.L.C. Your name must be different from an existing business in the state. You can do a search on the Secretary of State's website to determine if a particular business name is in use. For name availability in Georgia, check this link.
An EIN is required for LLCs that will have employees. Additionally, most banks require an EIN in order to open a business bank account. State tax identification number. Georgia requires a state tax identification number.
Optional provisions refer to information about the entity that are not required by law, such as 501(c)(3) language for a nonprofit corporation. A form of payment.