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Top 10 Must Haves in an LLC Operating Agreement Member Financial Interest. What percentage ownership does each member have? Corporate Governance. Corporate Officer's Power and Compensation. Non-Compete. Books and Records Audit. Arbitration/Forum Selection. Departure of Members. Fiduciary duties.More items...

Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.

No. Though California law requires you to have an Operating Agreement for your LLC, it doesn't require you to file it anywhere. Your California Operating Agreement is an internal document.

For LLCs that document is your operating agreement. For Corporations, Social Purpose Corporations, Benefit Corporations, and Nonprofit Corporations, that document is your bylaws. The operating agreement of an LLC is the contract entered into between all of the members (aka owners) of the LLC.

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.

Unlike the articles of organization, an operating agreement generally is not required in order to form an SMLLC, nor is it filed with the state. Instead, an operating agreement is optionalthough recommended. If you choose to have one, you'll keep it on file at your business's official location.

The operating agreement outlines who owns the LLC and what percentage of ownership each party has. Most of the time the members of an LLC will own a percentage relative to the contribution they made to the formation of the business, such as cash investments, but you can divide up ownership however you like.