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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 declaration of the structure that the member has chosen for the company and sometimes used to prove in court that the LLC structure is separate from that of the ...
Auriga Capital Corp), [20] parties to an LLC remain free to expand, restrict, or eliminate fiduciary duties in their LLC agreements (subject to the implied covenant of good faith and fair dealing). [21] Under 6 Del. C. Section 18-101(7), a Delaware LLC operating agreement can be written, oral or implied.
The LLC's assets are to be distributed to the members as per the operating agreement. For instance, the operating agreement may mandate that assets get distributed to the LLC members as per the ...
The ability for a member to transfer their interest or right to profit is often limited; however, members can contract otherwise within the operating agreement. A member's interest is separate from membership. This means that an individual can transfer their member's interest but remain a member of the L3C. [19]
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