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In the health care industry, hospitals may form a JOA to provide a stronger financial structure. The JOA, also known in this industry as a virtual merger, allows the hospitals to retain separate boards of directors but turns over management to a separate company.
Indiana state law does not mandate that LLCs adopt an operating agreement. Indiana state code § 23-18-4-5 states that LLCs may enter into an operating agreement but does not require them to do so. Even so, it is in your company's best interest to have a written operating agreement.
The JOA is a contract where two or more parties agree to undertake a common task to explore and exploit an area for hydrocarbons. The parties to the agreement can be broadly classified as operators and non-operators. The operator is the one who is responsible for the day-to-day management and operation of the field.
An operating agreement (bylaws) is an internal document that defines how the business owners professionally relate to one another. The articles of incorporation (certificate of formation) is a public document that legally establishes a business as a corporation.
A JOA is a way for co-venturers to apportion liability in ance with their agreed participating interest. Under a JOA, the parties: Appoint an operator to manage operations and dealings with the host state and other third parties on behalf of the consortium.
The operator is the one who is responsible for the day-to-day management and operation of the field. It is usually a single party with the highest interest in the agreement. But it is not uncommon to have a designated operator who is a minority to the agreement.
The state of Illinois doesn't require LLCs to have an LLC operating agreement, but it's highly recommended. The operating agreement is a legally binding document that breaks down the management structure of the LLC and each owner's duties and profit share.
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.