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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.
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.
What are the requirements to form an LLC in Kentucky? You must file articles of organization, appoint a registered agent, and pay a filing fee of $40 (or $60 for expedited service). An operating agreement is recommended but not required.
Kentucky Revised Statutes § 275.003: In Kentucky, an Operating Agreement is not a legal requirement to form an LLC. However, having one provides clarity to member responsibilities, business operations, and mitigates potential business disputes.
While most states don't require LLCs to have operating agreements, it's always a good idea to create one to ensure your business is well administered and protected from risk.