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This can cause conflict amongst members, particularly if a legal dispute arises. If you do choose to draft an LLC Operating Agreement for your Florida LLC, there is no requirement for it to be notarized.
In a member-managed LLC, members (owners) are responsible for the LLC's day-to-day operations. In a manager-managed LLC, members appoint or hire a manager or managers to run the business. Whoever manages your LLC will be able to open and close bank accounts, hire and fire employees, enter contracts, and take out loans.
A Florida LLC can be managed in two ways: by its members, or by managers (or a single manager). There is no inherently better choice. Each LLC must determine its own needs and what management structure will suit its business best.
Florida law does not require that a Limited Liability Company (LLC) have an Operating Agreement. But similarly to a personal estate plan, if you don't create one, the state essentially creates one for you!
Liability of managers: A manager is not liable for the LLC's debts and obligations. However, they may be held liable to the LLC or its members. For example, a manager may be liable for a breach of fiduciary duty or of the operating agreement, or for voting for the unlawful distribution of the LLC's assets.
A properly drafted Florida LLC operating agreement should include: The names of the LLC members. The members' duties to contribute money or services to the LLC. The members' economic interest in LLC property and profit. Provisions for the distributions to members of LLC profit.
A Florida LLC operating agreement is a legal document that allows the members of a company to record the ownership of the company and its rules of operation. In addition, the agreement can appoint officers and record capital contributions made by its members.
managed LLC is a business entity in which all members participate in the decisionmaking process. Each member has an equal right to manage the LLC's business, unless otherwise stated in the operating agreement. If a dispute arises, the vote of a majority generally rules.