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An operating agreement is a key document used by LLCs because it outlines the business' financial and functional decisions including rules, regulations and provisions. The purpose of the document is to govern the internal operations of the business in a way that suits the specific needs of the business owners.
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The members of an LLC are required to adopt a written Operating Agreement. See Section 417 of the Limited Liability Company Law. The Operating Agreement may be entered into before, at the time of, or within 90 days after the filing of the Articles of Organization.
While an LLC and PLLC both provide personal limited liability protection, a PLLC will not protect you from claims of malpractice or wrongdoing. However, a benefit of a PLLC is that the wrongdoing of one individual member does not create liability for other members.
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To officially form your PLLC in New York, you'll need to submit New York PLLC Articles of Organization with the Corporations Division ($200). Your articles must include: Name of PLLC. Professional service your PLLC will provide.
Operating agreements function as a legal contract between or among members of a multimember LLC, though even single-member LLCs can benefit from one, too. Most LLCs won't need to file or provide proof of an operating agreement?in fact, a business can keep these documents confidential among members if preferred.
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