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Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...
Under the default rules, every member of the LLC is an agent of the LLC and can conduct business on behalf of the LLC. In other words, each member has the authority to bind the LLC in ordinary business transactions, whether or not the member has the consent of the other members. See OCGA §14-11-301.
Starting an LLC in Georgia will include the following steps: #1: Name Your Georgia LLC. #2: Choose a Registered Agent. #3: Prepare and File Articles of Organization. #4: Create an Operating Agreement. #5: Obtain an Employer Identification Number (EIN)
The state of Georgia does not require LLCs to have Operating Agreements. However, you will need one if you want to make it easy for you and your co-members to do business together.
Although most states do not require the creation of an operating agreement, it is nonetheless regarded as a critical document that should be included when forming a limited liability company. Once each member (owner) signs the document, it becomes a legally binding set of regulations that must be followed.