Operating Agreement Template With Profits Interest

State:
Multi-State
Control #:
US-0689-WG
Format:
Word; 
Rich Text
Instant download

Description

A Limited Liability Company (LLC) is a separate legal entity that can conduct business just like a corporation with many of the advantages of a partnership. It is taxed as a partnership. Its owners are called members and receive income from the LLC just as a partner would. There is no tax on the LLC entity itself. The members are not personally liable for the debts and obligations of the entity like partners would be. Basically, an LLC combines the tax advantages of a partnership with the limited liability feature of a corporation.


An LLC is formed by filing articles of organization with the secretary of state in the same type manner that articles of incorporation are filed. The articles must contain the name, purpose, duration, registered agent, and principle office of the LLC. The name of the LLC must contain the words Limited Liability Company or LLC. An LLC is a separate legal entity like a corporation.


Management of an LLC is vested in its members. An operating agreement is executed by the members and operates much the same way a partnership agreement operates. Profits and losses are shared according to the terms of the operating agreement.

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  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares
  • Preview Sample Limited Liability Company LLC Operating Agreement with company assets divided into ownership shares

How to fill out Sample Limited Liability Company LLC Operating Agreement With Company Assets Divided Into Ownership Shares?

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FAQ

An operating agreement is a key document used by LLCs because it outlines the business' financial and functional decisions including rules, regulations and provisions. The purpose of the document is to govern the internal operations of the business in a way that suits the specific needs of the business owners.

For LLCs that are taxed as partnerships, the closest equivalent to a stock option in a corporation is called a profits interest. If you grant an individual a profits interest in an LLC, that individual is receiving an interest in both the future profits of the LLC, and the appreciation of the assets of the LLC.

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.

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.

Profits interest refers to an equity right based on the future value of a partnership awarded to an individual for their service to the partnership. The award consists of receiving a percentage of profits from a partnership without having to contribute capital.

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Operating Agreement Template With Profits Interest