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LLCs operating without an operating agreement are governed by the state's default rules contained in the relevant statute and developed through state court decisions. An operating agreement is similar in function to corporate by-laws, or analogous to a partnership agreement in multi-member LLCs. In single-member LLC, an operating agreement is a ...
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 ...
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]
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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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