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ARTICLE · 24 OCTOBER 2023

Key Considerations In Creating An LLC Operating Agreement

You've decided to form a limited liability company (LLC) for your new business venture – congratulations. Now you must make a few key decisions about the LLC, such as choosing...

United StatesCorporate/Commercial Law

You've decided to form a limited liability company (LLC) for your new business venture – congratulations. Now you must make a few key decisions about the LLC, such as choosing the state of formation and filing to register your entity. As we discussed in an earlier post, another basic step in the formation process is drafting an operating agreement (also known as an LLC agreement) which will include important provisions relating to the management and ownership of the business.

Adopting an operating agreement is not a legal requirement in every state. However, if an LLC will have more than one member, this agreement is highly recommended in order to establish clear expectations around the rights and obligations of each member as they relate to the LLC and its operation. If your LLC will have more than one member, the following key issues should be considered when drafting the operating agreement:

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