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Similarly, corporations (S corps and C corps) are not legally required by any state to have an operating agreement. Still, experts advise owners of these businesses to create and execute their version of an operating agreement, called bylaws.
An LLC operating agreement should contain provisions to cover: Basic information about the LLC. ... A profit and loss allocation plan. ... The LLC's purpose. The management structure. ... Ownership percentages of each member. ... Voting rights and procedures. ... Meeting frequency. Procedures for bringing in new members.
While most states don't require LLCs to have operating agreements, it's always a good idea to create one to ensure your business is well administered and protected from risk.
An operating agreement is a document created by the owners/members of a limited liability company (LLC) as part of the LLC formation process, to outline the terms and conditions relating to its structure.
Key Components of an S-Corp Operating Agreement Identification of Parties. ... Management Structure. ... Ownership and Equity. ... Shareholder Rights and Obligations. ... Distributions and Allocations. ... Financial Matters. ... Meetings and Decision-Making. ... Amendments and Dissolution.