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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.
Ohio Revised Code Title 17, § 1706.081: Ohio law does not strictly require an Operating Agreement to form an LLC, but it is highly recommended. This vital document provides the opportunity to layout the LLC's internal operations, member roles, and rules, separating personal and business assets.
What Should be Included in an Operating Agreement? Names, addresses, and titles of each member. Ownership percentages. Member rights and responsibilities. Responsibility, liability, and powers of members and/or managers. Profit and loss distribution. Buying and selling rules. Dissolution instructions. Meeting guidelines.
To get you started, here is a Top 10 list underscoring the major provisions that an LLC operating agreement should have. Member Financial Interest. ... Corporate Governance. ... Corporate Officer's Power and Compensation. ... Non-Compete. ... Books and Records Audit. ... Arbitration/Forum Selection.
?Preferred Return? means the return to a Member that would accrue on Unreturned Capital at eight percent (8%) per annum (cumulative, but not compounded); provided, however, such amount shall not begin to accrue on any Capital Contribution, or any portion thereof, as applicable, until such time as the Company transfers ...