There are two basic management structures for an LLC: a “Member-Managed LLC” vs. a “Manager-Managed LLC.” Choosing the right one for your business will depend on such factors as the type of business it is, the number of owners, and who you want to make decisions for the business.
The LLC operating agreement, also known as an LLC agreement, establishes the rules and structure for the LLC and can help address any issues that arise during business operations. Most states have default provisions that address many of these difficulties, but the operating agreement can override these presumptions.
Do you file an operating agreement with the state? No, even though some states require operating agreements, you do not need to file them with the state. Instead, you simply need to maintain a copy of one in your records.
Does a Florida LLC Operating Agreement Need to be Notarized? No, you do not need to notarize your LLC Operating Agreement. However, it's a good idea to have your Operating Agreement in writing and to have every member sign the OA to confirm its validity as a legal document.
Instead, you should consult a team of seasoned contract lawyers—like the team at Gordon Law—who'll help you create a well-drafted, clear, compliant, and legally binding operating agreement for your LLC.
While member-management is the default rule ing to state law — meaning that if managers are not selected in the Articles of Organization, the members will direct the affairs of the LLC — the LLC can state in its Articles or LLC operating agreement that the LLC is to be managed by a manager(s).
The LLC structure also includes the management of the business. There are two basic types of LLC: member-managed and manager-managed LLCs. The manager-managed LLC generally separates the roles of owners and managers of the LLC, even though in practice some of them might be the same people.
How to create an LLC operating agreement in 9 steps Decide between a template or an attorney. Include your business information. List your LLC's members. Choose a management structure. Outline ownership transfers and dissolution. Determine tax structure. Gather LLC members to sign the agreement. Distribute copies.
Member-managed LLCs suit smaller or family-run businesses, allowing members to actively participate in management decisions. Manager-managed LLCs are ideal for larger businesses where not all members wish to be involved in daily operations, or where professional management is desired.