What Is an Operating Agreement for S Corp?

Purpose of Operating Agreements

An operating agreement outlines the finances and roles of LLC members. LLCs with multiple members should have one, even if not required by law.

Creating an Operating Agreement

Get together with co-owners and a lawyer to figure out what to cover. Then answer simple questions and have everyone sign to make it legal.

Operating Agreement Importance

  1. Roles and Responsibilities

    • Defines the roles and responsibilities of each member.
    • Prevents misunderstandings and conflicts.
  2. Limited Liability

    • Establishes separation between personal assets and business assets.
    • Protects members from personal liability for debts and liabilities.
  3. Decision-making and Operations

    • Clarifies member roles and responsibilities regarding decision-making authority.
    • Identifies daily operations and limitations.

An operating agreement is a key document used by limited liability companies (LLCs) to outline the business’s financial and functional decisions including rules, regulations, and provisions. It governs the internal operations of the business in a way that suits the specific needs of the business owners.

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