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The document that most states call an operating agreement or an LLC agreement is called a company agreement under the Texas Limited Liability Company law. These three terms?company agreement, operating agreement, and LLC agreement?are synonyms.
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.
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.
What documentation is required to form a Delaware LLC? Name of the company (check a company name for free) Communications Contact (must be an individual) Email address. Telephone number. Street address (city, state, country and postal code), which can be anywhere in the world.
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.
Ing to Delaware Code Title 6 § 18-101, your operating agreement (or ?limited liability company agreement?) can be written, oral or implied. But, as a legal document, it's best that it be written down. Oral agreements don't hold up very well in court or in the heat of a disagreement between members.
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 LLC's Operating Agreement must be amended to reflect that a new member is now part of the LLC, or to reflect the removal of a member, and all current members must sign the newly amended Operating Agreement, but you are not required to file the amended Operating Agreement with the state of Delaware.