Do I need to have an Operating Agreement?

Although most states' LLC laws don't require a written operating agreement, you shouldn't consider starting business without one. Here's why an operating agreement is necessary:

  • It helps to ensure that courts will respect your personal liability protection by showing that you have been conscientious about organizing your LLC. 

  • It sets out rules that govern how profits will be split up, how major business decisions will be made, and the procedures for handling the departure and addition of members.

  • It helps to avert misunderstandings between the owners over finances and management.

  • It keeps your LLC from being governed by the default rules in your state's LLC laws, which might not be to your benefit.
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