TYPES OF PROVISIONS NORMALLY INCLUDED IN OPERATING AGREEMENTS

August 4, 2020

There are nine such provisions—namely, provisions that:

    1. Identify the members and managers;
    2. State the members’ duties to make contributions of cash, property or services to the LLC;
    3. State the members’ rights to share in LLC income and losses;
    4. Define the events that will cause the members to cease being members (e.g., death or resignation) and the buy-outs or other consequences of these events;
    5. Define the LLC’s management structure,
    6. Define the members’ voting power;
    7. Require unanimous member votes for admissions of new members;
    8. Impose comprehensive fiduciary duties on the members and managers; and
    9. Provide for dispute resolution by mediation, arbitration or litigation.

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