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Every Arizona LLC owner should have an operating agreement in place to protect the operations of their business. While not legally required by the state, having an operating agreement will set clear rules and expectations for your LLC while establishing your credibility as a legal entity.
An LLC operating agreement contains clear provisions about each owner's contributions to the business, their share of profits and their responsibilities to the company and other members. That means the agreement is a good dispute resolution tool.
The form and contents of operating agreements vary widely, but most will contain six key sections: Organization, Management and Voting, Capital Contributions, Distributions, Membership Changes, and Dissolution.
An Arizona LLC operating agreement is a legal document that will set forth the establishment of a company, whether it's a single-member company or a multi-member company. This document shall address all of the concerns that any member may have as they become a financial asset to the company.
Although an Arizona limited liability company is not required to have a written Operating Agreement, it is in the best interest of multiple-member companies to adopt a comprehensive Operating Agreement that sets forth their rights and obligations with respect to the company.
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.
Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.
This agreement can be implied, written, or oral. If you're formingor have formedan LLC in California, New York, Missouri, Maine, or Delaware, state laws require you to create an LLC Operating Agreement. But no matter what state you're in, it's always a good idea to create a formal agreement between LLC members.
What should an LLC operating agreement include?Basic company information.Member and manager information.Additional provisions.Protect your LLC status.Customize the division of business profits.Prevent conflicts among owners.Customize your governing rules.Clarify the business's future.
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.More items...