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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.
If you operate as a single-member LLC (where you are the sole owner with no partners or co-owners), you are not required to have an EIN unless you have employees or file excise tax returns. Still, you may need to obtain an EIN to open a business bank account in the name of your LLC.
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 ...
What To Include in a Single Member LLC Operating Agreement Name of LLC. Principal Place of Business. State of Organization/Formation. Registered Office and Agent. Operating the LLC in another state (Foreign LLC) Duration of LLC. Purpose of LLC. Powers of LLC.
Kentucky doesn't have any law requiring LLCs to have an operating agreement.