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Delaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.
One of the most important sections in the operating agreement is the capital contribution section. A capital contribution section usually addresses what happens if members fail to contribute their portion of the initial start-up capital.
The most common capital contribution is cash, but you can also contribute property, such as office space, vehicles, and equipment. It's also possible to contribute services to an LLC.
By having those rules and following them, LLCs operate more efficiently." Common provisions in an LLC agreement include a statement of intent, a business purpose, the time period during which it will operate, how it will be taxed, new LLC member admissions, and member capital contributions.
Example of Contributed Capital For example, a company issues 5,000 $1 par value shares to investors. The investors pay $10 a share, so the company raises $50,000 in equity capital. As a result, the company records $5,000 to the common stock account and $45,000 to the paid-in capital in excess of par.
This clause should be used when one member contributed real property to the joint venture in exchange for membership interests and another member has contributed capital. The capitalized terms and section references used in this clause should be conformed to the relevant joint venture operating agreement.
One of the most important sections in the operating agreement is the capital contribution section. A capital contribution section usually addresses what happens if members fail to contribute their portion of the initial start-up capital.
Most often, operating agreements provide that each owner's distributive share corresponds to his or her percentage of ownership in the LLC. For example, because Tony owns only 35% of his LLC, he receives just 35% of its profits and losses.