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Why do all LLCs need a written operating agreement?

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If you’re the owner of an LLC, you know that it’s essential to have a written operating agreement. This document spells out the rules and regulations that govern your company. But do you know why it’s so important? Here are some reasons why all LLCs need a written operating agreement.

It Keeps Things Organized

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Most people think that LLCs don’t need written operating agreements because they are “simple” businesses. However, nothing could be further from the truth.

LLCs need written operating agreements more than any other type of business because things can quickly get chaotic without them. Let’s take a closer look at why this is so. 

 

An LLC is a relatively new type of business structure, and as such, there are still a lot of unanswered questions about how it should operate.

It can lead to confusion among the members about their roles and responsibilities. A written operating agreement will help clear any misunderstandings and ensure everyone is on the same page.

 

Even if the members agree on how the LLC should operate, things can still go wrong if there is no written agreement to back them up. For example, what happens if one member decides to leave the company? Or what if they stop paying their share of the expenses?

Without a written agreement specifying how who will handle such situations, it can lead to conflict and hard feelings among the members.

 

A written operating agreement will help prevent these problems from happening in the first place, but it will also provide a roadmap for resolving them if they do come up. In other words, it will help keep the LLC running smoothly even when things get tough.

 

It Protects Your Interests

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All limited liability companies (LLCs) should have a written operating agreement. Because it helps protect the interests of the company’s owners, without an operating agreement, who may resolve disputes between the owners in a court of law.

It can lead to costly and time-consuming litigation that can ultimately destroy the company.

An operating agreement is a contract between the owners of an LLC. It sets forth the rules and regulations for running the company. It should include provisions for such things as:

– What will make decisions

– Who will have what roles and responsibilities

– What happens if an owner wants to sell their interest in the company

– How profits and losses will be distributed

– What happens if the company dissolves

Having a written operating agreement can help prevent disagreements between the owners of an LLC. If a dispute does arise, the agreement can be used as a roadmap for resolving it.

It can save the company time and money otherwise spent on litigation.

 

It Ensures Compliance With The Law

Another reason all LLCs need a written operating agreement is to ensure compliance with the law. This document will outline the company‘s purpose, how it will be governed, and what happens in the event of dissolution. By having a written operating agreement, the LLC can avoid any legal issues that may arise from not complying with the law.

A written operating agreement also makes your LLC look more professional. This document shows that you have taken the time to consider who should run your business thoughtfully. It also demonstrates to potential investors that you are serious about making your LLC a success.

It Makes Your LLC More Legitimate

It can also be helpful if you ever need to convince a court that your LLC is a legitimate business. In some cases, courts have dissolved LLCs because they didn’t have an operating agreement.

An LLC operating agreement is a document that outlines your LLC’s ownership and operating procedures. This agreement is filed with your Articles of Organization when you form your LLC. Although it is not required in all states, it is good to have one regardless of where you start your LLC.

The primary purpose of an operating agreement is to make sure that all the members of your LLC are on the same page regarding the running of the business. It can help prevent disputes down the road. It also makes your LLC look more professional and can help convince banks and other companies to work with you.

It Can Save You Money

Most people think that Limited Liability Companies (LLCs) are so named because they offer limited liability to their owners. While this is undoubtedly one of the benefits of forming an LLC, it’s not the only one. There are several reasons why every LLC should have a written operating agreement.

One reason is that a written operating agreement can help you save money. When disputes arise among the members of an LLC, having a written agreement in place can help resolve those disputes without costly and time-consuming litigation.

Another reason to have a written agreement is to ensure that everyone in the LLC knows their rights and responsibilities. It can avoid misunderstandings and prevent disagreements from erupting into full-blown arguments.

A well-drafted operating agreement can also help preserve the tax benefits of an LLC. Without such an agreement in place, the IRS could reclassify your LLC as a partnership or even as a corporation, which would result in higher taxes and less flexibility for the company’s owners.

Conclusion

As you can see, there are many good reasons to have a written operating agreement for your LLC. This document is essential to the success of your business. Make sure you take the time to put one together that meets your company’s needs.

Overall, there are many good reasons why all LLCs need a written operating agreement. This document helps keep things organized and protects your interests as an owner. It also makes your LLC more legitimate and can save you money in the long run. If you don’t have an operating agreement in place, now is to put one together.

Mollaei Law can help you draft a custom agreement that meets your specific needs. Contact us today to get started.

 

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