Why Every Multiple-Member Should Have an LLC Operating Agreement

It is extremely important that every limited liabilityBusiness
company ("LLC") have an LLC Operating Agreement.Many state LLC statutes, for example, have default
The LLC Operating Agreement is the core documentrules that govern how certain business decisions
that is referred to when issues concerning the LLCshould be made, such as how the LLC will be
need to be resolved. It reflects the agreement amongmanaged, rules for holding meetings and taking votes,
the members with respect to the affairs andrules for the sale of the LLC, how profits and losses
management of the LLC, as well as governs theshould be allocated, amending the Agreement,
relationship amongst the members of the LLC. Byadmitting a new member, and dissolving the LLC.
having an LLC Operating Agreement, the members willDefaulting to state law for important LLC decisions
be provided with a clear set of rules that all memberscould jeopardize your business. If you don't want the
have agreed upon greatly reducing the likelihood ofstate to tell you how to run your LLC, it's important that
disagreement between them in the future. A LLCyou have a well drafted LLC Operating Agreement.
Agreement will also greatly reduce financial andBy having an LLC Agreement, you can decide the
management misunderstandings, and make sure yourrules that will govern your LLC's inner workings, rather
business is governed by your own rules -- not defaultthan having to follow state default rules that may or
rules created by your state.may not be right for your LLC.
Don't Let the State Tell You How to Run Your