Draft Operating Agreement in Delaware for Business (2024)
Draft
Operating Agreement
Delaware
Business
Business
Less than a week
$395 - $995 (Flat fee)
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Operating Agreement
California
Is it necessary for my small business to have an Operating Agreement?
I recently started a small business with two other partners, and we are in the process of formalizing our business structure. While researching, I came across the concept of an Operating Agreement for LLCs. I understand that an Operating Agreement is not required by law in some states, but I'm wondering if it is still necessary or beneficial for our business to have one. I want to ensure that we have clear guidelines and provisions in place that outline each partner's rights, responsibilities, and ownership percentages, as well as address potential scenarios such as the death or departure of a partner.
Dolan W.
Hello! In my experience, it is often extremely helpful to have an operating agreement. An OA is generally not required by law; however, there are significant benefits: 1. You and your partners can be clear on the terms of ownership of shares, voting, and what happens in a dissolution. 2. Even if you are a sole operator, if you ever intend to sell the business, having an OA appears more professional; and 3. In the event of your incapacity or death, the OA will still be binding nevertheless, making it easier for any guardians to protect your wishes. On my page, you can find a package I offer to draft operating agreements - https://app.contractscounsel.com/lawyer/my-profile/check#Packages Best of luck!
Operating Agreement
New York
What should be included in an operating agreement for a small business?
I am in the process of starting a small business with a partner and we are looking to draft an operating agreement. We want to ensure that all important aspects of our business are covered in this agreement, such as ownership percentages, decision-making processes, profit distribution, and dispute resolution mechanisms. We are seeking guidance on what specific clauses and provisions should be included in the operating agreement to protect our interests and ensure a smooth operation of the business.
Arthur S.
LLC Operating Agreements are comprehensive in nature. You have identified several important provisions. Some other provisions that may be considered are capital contribution obligations, Buy/Sell provisions (including Impasse Buy/Sell), financing guarantee obligations, (if any), assignability provisions, tax allocation provisions, SPE provisions, governing law provisions, etc. The list is numerous and much depends on the nature and scope of the business and specific needs of the parties. I have participated in CLE lectures on this subject.