North Dakota Operating Agreement between NBC Internet, Inc. and Telocity, Inc.
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FAQ
The North Dakota Uniform Limited Liability Act provides ground rules for LLC operating agreements, but it does not specifically state that North Dakota LLCs must have an operating agreement. However, you will need an operating agreement to maintain your LLC.
In addition to protecting against personal liability and State default rules, operating agreements also protect members against one another. While you may not foresee future disagreements with your fellow members, there is a high likelihood that they will occur at some point.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, which means someone could sue you without there being any shield to protect your personal assets.
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.
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 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.
