The Fundamentals of a Limited Liability Company Operating Agreement

The Limited Liability Company Agreement plays an important role for every LLC business. A thorough understanding of the requirements of this document and complying with the same can help in avoiding business disputes and other potential business risks.


ESSENTIAL #1: Always Have a Written LLC Operating Agreement. 


In the absence of an operating agreement, an LLC would be dealt with according to operational and government rules as laid out by the laws. It is quite clear that every body of law assumes a limited liability company should have a written agreement with operating details. While the laws do provide some default provisions, they are often incomplete and fail to address even general LLC operational matters.


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ESSENTIAL #2: Every Member Must Sign the Limited Liability Company Operating Agreement 


An Operating Agreement for a limited liability company is the primary document between and among the owners of the business entity. So, you must always be sure that every Member and the company itself sign the Agreement. 


ESSENTIAL #3: The LLC Operating Agreement  should identify the constituent elements of ownership


Many a times people get together and verbally agree on ownership issues regarding a business venture. They go on to set up a limited liability company to run the venture without documenting, in writing, the basic ownership relationships. With the business prospering and growing in size and stature, the owners tend to disagree on the ownership as they find it difficult to recollect the verbal agreement. Everyone loses except the lawyer once a dispute or litigation starts.  Hence documenting the basic fundamental ownership of each Member and the interrelation between the owners in the LLC Agreement and keeping it in sync with changes such as new members coming in or additional ownership units being issued to existing members can go a long way in doing away with ownership related disputes. 


The Limited Liability Company Operating Agreement is a must have document for an LLC business. It is worth the time and effort to ensure it actually relates to your particular situation and signed by all proper parties. Subsequently, updating the same as the LLC business evolves is equally important.


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