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Operating agreement definition. An operating agreement is a basic legal document agreed to when someone forms a limited liability company (LLC). At a high level, it sets forth the structure, management, decision-making process, and operating procedures for an LLC.
Three of the most common types of operating agreements include single-member, multi-member and manager-managed.
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.
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 better name for an operating agreement might be a membership agreement. This agreement is similar in form to a partnership agreement for a business partnership.
The operating agreement is a legal document that sets rules for the relationships between the owners of a limited liability company (LLC), while bylaws provide regulations and rules that govern the operation of the corporation and internal management.