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An operating agreement is a key document used by LLCs because it outlines the business' financial and functional decisions including rules, regulations and provisions. The purpose of the document is to govern the internal operations of the business in a way that suits the specific needs of the business owners.
The document required to form an LLC in Indiana is called the Articles of Organization. The information required in the formation document varies by state. Indiana's requirements include: Registered agent.
Another important part of the Operating Agreement is the provision that describes how profit is distributed to the members. Operating Agreements will also address the term of the LLC, how the initial capital is contributed, the tax status of the LLC, and other miscellaneous items such as the governing law.
An LLC operating agreement should contain provisions to cover: Basic information about the LLC. ... A profit and loss allocation plan. ... The LLC's purpose. The management structure. ... Ownership percentages of each member. ... Voting rights and procedures. ... Meeting frequency. Procedures for bringing in new members.
An operating agreement, also known in some states as a limited liability company (LLC) agreement, is a contract that describes how a business plans to operate. Think of it as a legal business plan that reads like a prenup.
Unlike your LLC Formation Agreement, you are not required to file an operating agreement with the State of Indiana. However, as an internal document, a copy should be kept with your records. The operating agreement names the members of the company and spells out what percentage, or membership interest, they own.
This document is similar to the bylaws of a corporation and is the set of default rules and procedures that govern how your company will operate.
Many LLC owners ask, "How do I make a simple LLC operating agreement?" It's a legal document, but you don't necessarily need a lawyer to help you, although legal expertise is a good idea.