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An operating agreement is an important document used by limited liability corporations (LLCs) to set rules and guidelines for a business and its members. It might seem a little challenging at first, especially with multiple partner LLCs, but it's actually pretty simple.
The LLC operating agreement should state if and when member meetings will be held and include any rules regarding how, when, and where votes will be taken; who has voting rights; how many voting members must be present for a quorum; how many votes are required to approve an action; and whether members can vote by proxy ...
The good news is that you're free to write your operating agreement in any way that you wish. There aren't any legal requirements regarding what you must include in the agreement. Drafting the best operating agreement for your LLC simply means tailoring it to your business's specific needs.
Do you need an operating agreement in Kentucky? No, it's not legally required in Kentucky under § 275.003. Single-member LLCs need an operating agreement to preserve their corporate veil and to prove ownership. And multi-member LLCs need one to help provide operating guidance, determine voting rights and contributions.
A better name for an operating agreement might be a membership agreement. This agreement is similar in form to a partnership agreement for a business partnership.
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.