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A Virginia limited liability company (LLC) is a business entity that generally resembles both a sole proprietorship/partnership and a corporation. An LLC can have one or multiple owners, or ?members,? who share an interest in the business. However, not all LLCs require multiple members.
Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...
Virginia does not require an operating agreement in order to form an LLC, but executing one is highly advisable.
Your Virginia LLC operating agreement is a legal document that establishes rules for how your LLC will handle procedures like voting, allocating profits and losses, management, and even?should it ever come to this?dissolution.
Delaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.
The LLC operating agreement should state if and when member meetings will be held and include any rules regarding how, when, and where votes will be taken; who has voting rights; how many voting members must be present for a quorum; how many votes are required to approve an action; and whether members can vote by proxy ...
The document required to form an LLC in Virginia is called the Articles of Organization. The information required in the formation document varies by state.