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An LLC operating agreement should contain provisions to cover: Basic information about the LLC. ... A profit and loss allocation plan. ... The LLC's purpose. The management structure. ... Ownership percentages of each member. ... Voting rights and procedures. ... Meeting frequency. Procedures for bringing in new members.
Why do you need an operating agreement? To protect the business' limited liability status: Operating agreements give members protection from personal liability to the LLC. Without this specific formality, your LLC can closely resemble a sole proprietorship or partnership, jeopardizing your personal liability.
Operating agreements should be kept with the essential records of your business. You do not need to file it with New Jersey's Division of Revenue. Note that you should keep the operating agreement details confidential in your company.
Hear this out loud PauseIn addition to protecting against personal liability and State default rules, operating agreements also protect members against one another. While you may not foresee future disagreements with your fellow members, there is a high likelihood that they will occur at some point.
The operating agreement will also address what happens in the event of a dissolution and how the assets should be distributed. Another important part of the Operating Agreement is the provision that describes how profit is distributed to the members.