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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.
Most often, operating agreements provide that each owner's distributive share corresponds to his or her percentage of ownership in the LLC. For example, because Tony owns only 35% of his LLC, he receives just 35% of its profits and losses.
In Ohio, an operating agreement is not actually required in order to form a limited liability company. However, it is very risky to run a company without an operating agreement in Ohio. It is risky for a number of reasons, such as: The whole point of forming a limited liability company is for LIMITED LIABILITY.
But while it's not legally required in Ohio to conduct business, we strongly recommend having an Operating Agreement for your LLC. Additionally, financial institutions (like banks) and other organizations may need to see a copy of this paperwork in order for you to do business with them.
The good news is that you're free to write your operating agreement in any way that you wish. There aren't any legal requirements regarding what you must include in the agreement. Drafting the best operating agreement for your LLC simply means tailoring it to your business's specific needs.