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5 Steps to Write an Operating Agreement Step 1: Decide the Parameters of Ownership. ... Step 2: Determine Rights and Responsibilities. ... Step 3: Outline the Rules for Joining or Leaving the Business. ... Step 4: Make a Plan for Dissolution. ... Step 5: Add a Severability Provision. ... Write Your Operating Agreement With a Lawyer's Guidance.
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.
The operating agreement will also address what happens in the event of a dissolution and how the assets should be distributed. Another important part of the Operating Agreement is the provision that describes how profit is distributed to the members.
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.
While it's not legally required, an Arkansas operating agreement is highly recommended. This valuable legal document clarifies membership (ownership) and daily operations. Differentiating members (owners) from the business entity protects their personal assets in the event of liability issues like lawsuits.
Yes, you can be your own registered agent in Arkansas. With that said, however, after considering the registered agent requirements most business owners elect to hire a registered agent service instead.
10 Must Haves in an LLC Operating Agreement Member Financial Interest. What percentage ownership does each member have? ... Corporate Governance. ... Corporate Officer's Power and Compensation. ... Non-Compete. ... Books and Records Audit. ... Arbitration/Forum Selection. ... Departure of Members. ... Fiduciary duties.
Limited Liability Company Must file Articles of Organization with the Arkansas Secretary of State. Allow members to manage a company themselves or to elect managers.