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Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...
Virginia does not require an operating agreement in order to form an LLC, but executing one is highly advisable.
An LLC operating agreement contains clear provisions about each owner's contributions to the business, their share of profits and their responsibilities to the company and other members. That means the agreement is a good dispute resolution tool.
An operating agreement is a document that outlines the way your LLC will conduct business. West Virginia does not require an operating agreement, but it is an essential component of your business.
A West Virginia LLC Operating Agreement is a written contract between the LLC Members (LLC owners). This legal document includes detailed information about LLC ownership structure, who owns the company and how the LLC is managed.