When you form an LLC, it is a good practice to have an LLC Operating Agreement. Even if you are on your own, it shows that you are respecting the corporate formalities, it shows professionalism and helps prevent creditors from trying to pierce the corporate veil and get your personal assets. If there is more than one owner, an operating agreement is even more important to establish the rules of the road at the outset. Get your customized operating agreement today.
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The LLC Operating Agreement is the document that sets the ground rules for how the LLC is going to operate. It is similar to a partnership agreement for partnerships or bylaws/shareholder agreements for corporations.
There is no set rule dictating what must or what cannot be in your LLC operating agreement. Generally speaking the LLC Operating Agreement will cover:
Without an LLC Operating Agreement, you could lose the personal liability shield that comes with the formation of your LLC. Many states have default rules that will govern your LLC if there is no agreement, but the lack of clear rules at the outset is one of the primary reasons many disputes between owners end up at the courthouse. As lawyers like to say, you can pay a little to establish the rules now or pay a lot more to have the rules established in court.