An LLC, or limited liability corporation, is a business entity that combines aspects of a corporation and a partnership. The LLC operating agreement is a document that dictates how the LLC will function. The amount of time it takes to create the operating agreement depends on the specifics of the LLC.
Other names:
Don't confuse this document with the articles of organization, which may also be known as the certificate of organization or certificate of formation, depending on the state you live in.
Who should use this form?
The LLC operating agreement provides a detailed breakdown of each member's contributions, rights, and responsibilities. One or more owners may be involved in drafting the operating agreement, and each member should review it with their …show more content…
Meetings — Members determine how a meeting may be called and rules for how members may attend. Dissolution — It is important to establish circumstances under which one or more members can initiate the dissolution of the LLC.
Next steps:
In most states, you are not required to file your operating agreement with a government entity. You should, however, keep it on file for future reference. If you apply for a loan, the bank may request a copy of your operating agreement.
There is no cost to create an LLC operating agreement, and free templates are available. However, it is advisable to consult an attorney to ensure your operating agreement is comprehensive and legally sound, and for each member to consult their own attorney before signing.
The drafting of an operating agreement is one of the first steps in the creation of an LLC. Depending on the laws in your state, you may also need to file articles of incorporation, designate a registered agent, publish a record of your intent to form the LLC, and obtain any necessary permits or licenses.