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How to Write an Operating Agreement Step by StepStep One: Determine Ownership Percentages.Step Two: Designate Rights, Responsibilities, and Compensation Details.Step Three: Define Terms of Joining or Leaving the LLC.Step Four: Create Dissolution Terms.Step Five: Insert a Severability Clause.
An operating agreement is the basic written agreement between the members (i.e., owners) of the LLC, or between the members and the managers of the company, if there are managers.
An operating agreement is ONLY required in the five (5) States of California, Delaware, Maine, Missouri, and New York. In all other States, an operating agreement is not required but is recommended to be written and signed by all members of the LLC.
An LLC operating agreement contains clear provisions about each owner's contributions to the business, their share of profits and their responsibilities to the company and other members. That means the agreement is a good dispute resolution tool.