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How to Send LLC Operating Agreement

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okay so you formed your LLC and somebody told you that you need an operating agreement what goes into that thats were gonna talk about in todays episode hello my name is Jim Hart Im the founding attorney here at Hawthorn law I started Hawthorn law and helped online entrepreneurs creators and visionaries like yourself figure out how to protect your business legally and grow something and build something that truly matters in the world and today what I want to talk to you about is your operating agreement and by the way if youre not sure what an operating agreement is or what it does Ive got a link up here too for mistakes that entrepreneurs make when theyre forming the LLC not happening operating agreement is one of them and we talked to you about that about why that is in that video so check that out an operating agreement does a lot of things basically what it is it is a contract between you as the business owner and you as the business owner if youre a single member LLC or y

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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Can I make my own operating agreement?

Most states do not require LLCs to have this document, so many LLCs choose not to draft one. While it may not be a requirement to have an operating agreement, its actually in the best interest of an LLC to draft one. And by drafting it, Im referring to creating a written operating agreement.

Do I need to file my operating agreement with the state of California?

In addition to filing the applicable documents with the Secretary of State, an operating agreement among the members as to the affairs of the LLC and the conduct of its business is required.

Does Illinois require a specific purpose for an LLC?

The purpose clause is the statement of the character of the business objectives of a limited liability company. The Illinois Limited Liability Company Act permits Illinois LLCs registered with the Office of the Secretary of State to be formed for any lawful purpose.

Do I need an operating agreement if its just me?

It can secure your liability protection. An operating agreement helps protect your personal assets from your business assets. This is crucial to understand, as its the primary main reason that your single-member LLC needs an operating agreement.

Does a single member LLC need an operating agreement in Illinois?

Under the Illinois Limited Liability Company Act (LLCA) (805 ILCS 180/1-1 et seq.), an LLC is not required to have an operating agreement (805 ILCS 180/15-5(a)). However, a written operating agreement may help minimize disputes among the members regarding the terms of their agreement.

Is an operating agreement required in Illinois?

Illinois does not require an Operating Agreement to be submitted to the Secretary of State when filing your Articles of Organization paperwork, but the law does allow for an Operating Agreement to be adopted by the members of the LLC.

What is an operating agreement state of Illinois?

An Illinois LLC operating agreement is a binding document that establishes the ownership, operations, officers, and responsibilities of company members. The agreement acts as the bylaws and oversees the day-to-day operations of the company.

How do I create a simple operating agreement for an LLC?

An LLC operating agreement should contain provisions to cover: Basic information about the LLC. A profit and loss allocation plan. The LLCs purpose. The management structure. Ownership percentages of each member. Voting rights and procedures. Meeting frequency. Procedures for bringing in new members.

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