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In Texas, an operating agreement isn't required to form a limited liability company (LLC). However, business attorneys, accountants and advisors agree that no LLC should form without one. An LLC operating agreement is a legally binding document that defines critical aspects of the LLC.
An operating agreement lays out the expectations for all members of your Texas LLC, their roles, rights and responsibilities. By writing your operating agreement early, this ensures that all your business members are clear about who will do what and how disagreements or conflicts of interest will be solved.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, which means someone could sue you without there being any shield to protect your personal assets.
Both documents contain similar information about the respective company, e.B. company name, purpose and how the company will operate. In addition, each document defines the ownership and management of each structure. Both documents are necessary for any corporate structure in the business world to function optimally.
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.
The most common way to issue ownership interests in an LLC is through an LLC Operating Agreement. While the sections of an Operating Agreement may vary, most contain six key sections: ?Organization,? ?Management and Voting,? ?Capital Contributions,? ?Distributions,? ?Membership Changes,? and ?Dissolution.?
Having an operating agreement in place will protect you from personal liability and the financial obligations of your organization, keep relationships with other members smooth and professional, and help guide your LCC from its starting point to success.