South Dakota Memorandum of Operating Agreement

State:
Multi-State
Control #:
US-OG-351
Format:
Word; 
Rich Text
Instant download

Description

This is a form of a memorandum providing notice that the operator and nonoperators have entered into an Operating Agreement and states their respective working interests.
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FAQ

An operating agreement is not mandatory for LLCs in North Dakota.

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.

Your operating agreement should be kept on file at your business location. An operating agreement is not required in South Dakota state but can still be important when starting an LLC. An operating agreement can include provisions on: Rights and responsibilities of members.

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.

A contract for deed is a contract where the seller remains the legal owner of the property and the buyer makes monthly payments to the seller to buy the house. The seller remains the legal owner of the property until the contract is paid.

A supermajority is an amendment to a company's corporate charter requiring a larger than normal majority of shareholders to approve important changes in the company. A majority would be any percentage above 50%, however, a supermajority stipulates a higher percentage, usually between 67% and 90%.

An operating agreement outlines an LLC's structure, including ownership, management structure, capital contributions, and member contributions. Writing an operating agreement requires outlining ownership, defining ownership rights and compensation, and defining the dissolution terms.

The operating agreement should include the following: Basic information about the business, such as official name, location, statement of purpose, and registered agent. Tax treatment preference. Member information. Management structure. Operating procedures. Liability statement. Additional provisions.

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South Dakota Memorandum of Operating Agreement