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An operating agreement is a key document used by limited liability companies (LLCs) to outline 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, called "members".
It sets forth member capital contributions, ownership percentages, and management structure. Like a prenuptial agreement, an operating agreement can avoid future disputes between members by addressing buy-out rights, valuation formulas, and transfer restrictions. The written LLC operating agreement should be signed by all of its members. [22]
It is the Articles of Organization that establishes the power, rights, liabilities, duties, and other important obligations of LLC members. This document also establishes the obligations between LLC members. [2] Most secretaries of state provide fill-in-the-blank PDF templates to file with the state. Some people use the services of an attorney ...
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The profits can be distributed to members similar to an LLC. This characteristic is a key defining feature between L3Cs and non-profits. [1] The default distribution is by the percentage of ownership; however, members can contract otherwise within the operating agreement on how profits are distributed.
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