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In Texas, an operating agreement isn't required to form a limited liability company (LLC). However, business attorneys, accountants and advisors agree that no LLC should form without one. An LLC operating agreement is a legally binding document that defines critical aspects of the LLC.
Georgia state law doesn't require you to have an operating agreement. However, Georgia state policy gives ?maximum effect? to freedom of contract, so a strong operating agreement can give you a lot of power to better control your LLC in this state.
Although writing an operating agreement is not a mandatory requirement for most states, it is nonetheless considered a crucial document that should be included when setting up a limited liability company. The document, once signed by each member (owner), acts as a binding set of rules for them to adhere to.
The members of an LLC are required to adopt a written Operating Agreement. See Section 417 of the Limited Liability Company Law. The Operating Agreement may be entered into before, at the time of, or within 90 days after the filing of the Articles of Organization.
A Texas LLC operating agreement is a written document that sets out the rights and obligations of the members of an LLC for its operation, governance, and distribution of economic benefits. The nature and attraction of an operating agreement are that you can basically design it as you like.