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Georgia does not require LLCs to have operating agreements, but it is highly advisable to have one. An operating agreement will help protect your limited liability status, prevent financial and managerial misunderstandings, and ensure that you decide on the rules governing your business instead of state law by default.
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.
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.
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...
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.
All LLC's should have an operating agreement, a document that describes the operations of the LLC and sets forth the agreements between the members (owners) of the business.
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.
A Georgia LLC operating agreement is a legal document that assists member(s) of a company to create an outline of the organization's standard operational procedures and other important aspects of the entity that shall be agreed upon by the managing members.
How to form an LLC in GeorgiaStep 1: Choose a name for your LLC.Step 2: Choose a registered agent in Georgia.Step 3: Obtain Georgia business permits.Step 4: File articles of organization and transmittal form.Step 5: Draft an LLC operating agreement.Step 6: Pay taxes, and comply with other state requirements.More items...