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All LLC's should have an operating agreement, a document that describes the operations of the LLC and sets forth the agreements between the members (owners) of the business. An operating agreement is similar to the bylaws that guide a corporation's board of directors and a partnership agreement.
A written operating agreement is not legally required for most Tennessee LLCs (the exception being director-managed LLCs). Even so, having a written operating agreement is essential for opening a business bank account, heading off disagreements between members, and bolstering your limited liability status.
Establishing your credibility as a legal entity is a part of the plan. Every LLC in Tennessee is encouraged, but not required, to have an operating agreement to safeguard the company's operations, from organization to dissolution. It ensures that all LLC members understand their roles and responsibilities.
In general, an LLC offers better liability protection and more tax flexibility than a partnership. But the type of business you're in, the management structure, and your state's laws may tip the scales toward partnership.
A Limited Liability Company is a legal entity all its own, while a partnership is owned by two or more people who share legal responsibility of the business entity. In a partnership, the business does not possess a legal identity outside of the business owners.
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, and which means someone could sue to go after you without there being any shield to protect your personal assets.
How to Form an LLC in Tennessee (5 steps)Step 1 Elect a Registered Agent.Step 2 Registration Documents.Step 3 Filing Fee.Step 4 Operating Agreement (optional)Step 5 Employer Identification Number (EIN)
An LLC partnership agreement (also called an LLC Operating Agreement) lays the ground rules for operating a Limited Liability Company and protects the legal rights of its owners (called members). It's written by the LLC's members and describes the plans and provisions for the company.
This agreement can be implied, written, or oral. If you're formingor have formedan LLC in California, New York, Missouri, Maine, or Delaware, state laws require you to create an LLC Operating Agreement. But no matter what state you're in, it's always a good idea to create a formal agreement between LLC members.