| OPERATING AGREEMENT
An operating agreement is a document that sets forth
how the LLC's business will be conducted. Among many other
things, it describes how money will be distributed, percentages of
ownership, what happens if someone leaves the business or dies, and
each owners rights and responsibilities. An operating
agreement is best created in a roundtable discussion between owners.
If you discuss how things will be handled in the future, many
disagreements can be avoided down the road.
There is not a requirement that you have an
operating agreement. If you are a single member LLC it is not
extremely important to have one but some sellers will ask to see one
before extending credit on business sales so you should probably
have one. A single member LLC operating agreement can be quite
simple and doesn't need to be longer than a few pages.
All multi-member limited liability companies
should have an operating agreement. The members of the LLC
should get together with a sample operating agreement and go over
every provision and decide how it will apply to their business.
The most important part of this exercise is not the resulting
operating agreement, its the process of sitting down and deciding
how the company will operate. It is surprising how many people
go into business together without talking about simple things such
as how profit will be distributed and how company decisions will be
made.
You can find operating agreements for sale on the
internet for usually around $15-20 dollars. They are provided
free of charge here!!! Check the upper left hand corner of this page
for link.
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