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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.
An operating agreement identifies a limited liability company (LLC), states its ownership, lays out the business structure, and defines member duties. The document customizes the terms of an LLC to meet its members' particular requirements.
An operating agreement is a contract between LLC members similar to a partnership agreement or a shareholders agreement. It shows the structure of the organization. It sets out the members' duties, rights, and responsibilities in the operations and finances of the LLC.
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.
Advantages of New Mexico LLC Even better, the state does not require LLCs to file an annual report and pay yearly fees. New Mexico also has privacy policies that keep the personal information of business owners from the public through anonymous LLCs.
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.
Those LLC members who operate the business owe the fiduciary duties of loyalty and reasonable care to the non-managing LLC owners. Depending upon your state, LLC members may be able to revise, broaden, or eliminate these fiduciary duties by contract or under the conditions of their LLC operating agreement.