In order to understand what an LLC Operating Agreement is and its function, it is first important to understand what an LLC is. LLC stands for Limited Liability Company. A Limited Liability Company is a business entity that maintains a number of features unique from other business organizations.
For example, an LLC combines features possessed by small partnerships and large corporations. In an LLC, the owner or owners of the company maintain limited liability if the company falls into debt. In addition, an LLC does not face the taxation experienced by corporations. These features make Limited Liability Companies attractive to potential business owners.
In order to create and operate an LLC in the United States, participating members must create an LLC Operating Agreement. If an LLC fails to create an LLC Operating Agreement, it will be held to the rules and regulations outlined by the state.
An LLC Operating Agreement outlines the rights, managerial duties, and financial responsibilities of all members involved in the creation and operation of an LLC. When a group of individuals chooses to establish an LLC, it should create an LLC Operating Agreement.
An LLC Operating Agreement template can be located online. This template will help an individual to determine what information to include within the agreement. Some features that should be addressed include the responsibilities of each member, the rights of each member, the interest percentages of each member, and how all losses or gains are to be allocated. In addition, the Operating Agreement should cover voting procedures, management techniques, and buyout regulations.