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An operating agreement is a document that outlines the way your LLC will conduct business. You aren't required to file an operating agreement in Hawaii, but it is an essential component of your business.
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.
LLC operating agreements usually provide much more information, and almost all the provisions for how the business will be managed, and the rights, duties, and liabilities of members and managers are contained in the operating agreement. An operating agreement is a private document.
Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...
A Hawaii LLC Operating Agreement is a written contract between the LLC Members (LLC owners). This legal document includes detailed information about membership structure, who owns the company and how the LLC is managed.