Limited Liability Llc Without Operating Agreement
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FAQ
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.
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.
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.
To accommodate such instances, most jurisdictions allow for contracts to have an effective date that is earlier than the date the documents were signed. This is commonly known as backdating. Generally, backdating an agreement is legitimate if it accurately memorializes an unwritten agreement between the parties.
Backdating an operating agreement is fine if it accurately reflects the way you and your fellow member have actually governed and capitalized the company, as well as how profits or salary were distributed or earned, and how taxes were paid...
