Business Contracts
Operating Agreement
Connecticut
What is the risk in using a free template I found online for an operating agreement?
I found an operating agreement on a website. I need one and want to know if it is OK to use. I am starting an e-commerce company with my family member.
Answers from 1 Lawyer
Answer
Business Contracts
Connecticut
Jane C.
ContractsCounsel verified
Many templates can be a great starting point, however; they may contain clauses that do not relate to your business that create unintended consequences. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.
People Also Asked
Business Contracts
Operating Agreement
Texas
Do I need to file my Operating Agreement in Texas?
I know I need one but does it go with State filing?
George O.
No, but you definitely need to have one, preferably reviewed and prepared by a lawyer; there are a lot of businesses that will give you templates, etc., but do not have the experience and knowledge that a lawyer brings to the table.
Read 1 attorney answer>Limited Liability Company
Operating Agreement
Florida
Forming LLC with multiple members
Hello, Looking to form LLC with 3 other individuals. What would be the best route to go?
Bruce B.
In florida you would want to have an operating agreement to specify the relationship between the members.
Read 1 attorney answer>Corporate
Operating Agreement
Texas
Can an operating agreement be amended without the unanimous consent of all members?
Can an operating agreement for a limited liability company (LLC) be amended without the unanimous consent of all members, specifically in a situation where one member wants to introduce changes to the agreement but another member is opposed to the proposed amendments? I am a member of an LLC and we have encountered a disagreement regarding certain provisions in our operating agreement that one member wishes to modify in order to better suit our evolving business needs, while another member believes the existing agreement should remain unchanged. We are seeking clarification on the legal requirements for amending the operating agreement and the extent to which unanimous consent is necessary.
Ricardo A.
The ability to amend an LLC's operating agreement without unanimous consent depends on the provisions explicitly stated in the operating agreement itself and the governing state law. Here are the general considerations based on your uploaded documents: Operating Agreement's Amendment Provisions: If the operating agreement specifies that unanimous consent is required to amend the agreement, all members must agree before any changes can be made. Some agreements allow amendments with a lower threshold, such as a majority or supermajority vote, which could permit changes without unanimous consent. Default State Laws: If the operating agreement is silent on amendments, state law typically governs. Many state laws default to requiring unanimous consent for amendments, but this varies by jurisdiction . Provisions Adversely Affecting Members: Even if unanimous consent is not generally required, amendments that disproportionately or adversely affect a specific member often require that member's explicit approval. Operating Agreement Example: In one of the agreements reviewed, a specific clause stipulates that amendments generally require unanimous consent unless the change is a technical clarification or otherwise allowed by a specific majority vote. To resolve your disagreement: Review the Operating Agreement: Look for any specific provisions regarding amendments and voting requirements. Consult State Law: Identify the state where your LLC is formed and review applicable LLC statutes for default rules on amendments. Seek Legal Advice: An attorney licensed in the applicable can clarify whether proposed amendments align with the operating agreement and applicable laws.
Read 1 attorney answer>Corporate
Operating Agreement
New York
Do S-Corps have operating agreements?
I am starting an S-Corp since my accountant said it was a better tax structure. Do I need the same documents as an LLC (i.e. Operating Agreement).
Jane C.
S Corporations are not legally required to have operating agreements. They have bylaws that govern their operations. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.
Read 1 attorney answer>Corporate
Operating Agreement
New York
What happens if I never created an Operating Agreement for my LLC?
I am being told I need an Operating Agreement for a new LLC I started in NY. I want to know what happens if I don't get one.
Jane C.
If you do not create an Operating Agreement, the default rules in your state will apply. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.
Read 1 attorney answer>