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Specifically, you should think about the following liability risks you take on as an LLC owner: personal liability for your LLC's debts. personal liability for actions by LLC co-owners or employees related to the business. personal liability for your own actions related to the business, and.More items...
If there is no operating agreement, you and the co-owners will not be suitably equipped to reach any settlements concerning misunderstandings over management and finances. Worse still, your LLC will be required to follow any of your state's default operating conditions.
Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.
Seaport Village Operating Company LLC, C.A. No. 8841-VCL (Sept. 24, 2014), Vice Chancellor Laster found that the operating agreement of a limited liability company ("LLC") can be binding upon the parties to that agreement, even if the agreement is not signed by the parties.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, and which means someone could sue to go after you without there being any shield to protect your personal assets.