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Like most states, Florida doesn't require SMLLCs to have an operating agreement. While not required, having an operating agreement that establishes rules for the SMLLC is important. The agreement typically covers the member's rights, duties, and obligations, as well as the SMLLC's management structure.
Florida doesn't require that you have an Operating Agreement for your Limited Liability Company (LLC), but it is recommended that you have one. When setting up your company, it's beneficial to seek legal advice from a Florida LLC Business litigation attorney.
The laws in Florida don't require an LLC to use an Operating Agreement. Instead, the owners of the LLC can operate the business as they choose, as long as they follow the requirements and limitations of business laws in the state.
A properly drafted Florida LLC operating agreement should include: The names of the LLC members. The members' duties to contribute money or services to the LLC. The members' economic interest in LLC property and profit. Provisions for the distributions to members of LLC profit.
An operating agreement should include the following: Percentage of members' ownership. Meeting provisions and voting rights. Powers and duties of members and management. Distribution of profits and losses. Tax treatment preference. A liability statement. Management structure. Operating procedures.