Kentucky Memorandum of Operating Agreement and Financing Statement

State:
Multi-State
Control #:
US-OG-770
Format:
Word; 
Rich Text
Instant download

Description

This is a form of a memorandum used to evidence the existance of an operating agreement and financing statement between Parties to a Contract Area.
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FAQ

The good news is that you're free to write your operating agreement in any way that you wish. There aren't any legal requirements regarding what you must include in the agreement. Drafting the best operating agreement for your LLC simply means tailoring it to your business's specific needs.

Although most states do not require the creation of an operating agreement, it is nonetheless regarded as a critical document that should be included when forming a limited liability company. Once each member (owner) signs the document, it becomes a legally binding set of regulations that must be followed.

10 Must Haves in an LLC Operating Agreement Member Financial Interest. What percentage ownership does each member have? ... Corporate Governance. ... Corporate Officer's Power and Compensation. ... Non-Compete. ... Books and Records Audit. ... Arbitration/Forum Selection. ... Departure of Members. ... Fiduciary duties.

The operating agreement will also address what happens in the event of a dissolution and how the assets should be distributed. Another important part of the Operating Agreement is the provision that describes how profit is distributed to the members.

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.

Kentucky LLC Operating Agreement Laws Kentucky Revised Statutes § 275.003: In Kentucky, an Operating Agreement is not a legal requirement to form an LLC. However, having one provides clarity to member responsibilities, business operations, and mitigates potential business disputes.

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Kentucky Memorandum of Operating Agreement and Financing Statement