Free LLC Operating Agreement Template & FAQs (US) Eric Shrum, May 30, 2023June 7, 2023 In this article, we provide a comprehensive guide on LLC operating agreements, including a free template and frequently asked questions for those starting a business in the US. Table of Contents Toggle Understanding LLC Operating AgreementsDefinition of LLC Operating AgreementMembers in an LLC Operating AgreementDistribution of Profits in an LLC Operating AgreementFlexibility in an LLC Operating AgreementPass-Through Taxation in an LLC Operating AgreementProtection in an LLC Operating AgreementFree LLC Operating Agreement TemplateContents of an LLC Operating Agreement (9 articles)LLC Operating Agreement Certification of MemberRelated Forms for LLC Operating Agreements Understanding LLC Operating Agreements An LLC Operating Agreement is a document that outlines the rules and regulations for running a Limited Liability Company. It covers important aspects of the business such as ownership, member info, and voting rules. This operating agreement template is essential for any business, as it helps to prevent conflicts and misunderstandings between members. The free LLC Operating Agreement Template & FAQs (US) includes a Table of Contents and Signature Page, making it easy to customize for your business needs. Remember to check your state laws as they may have specific rules for LLCs. Downloadable and printable versions are available in PDF, Word, and other formats. Definition of LLC Operating Agreement The LLC Operating Agreement is a document that outlines the ownership and operating procedures of a Limited Liability Company. It is a crucial document that every LLC should have, as it helps to establish the rules and regulations that govern the company’s operations. The agreement is typically created by the members and outlines the ownership interests, management structure, voting rules, and decision-making processes. It also covers things like the company’s office address, assets, and contributions. This Free LLC Operating Agreement Template provides a customizable document that can be tailored to fit your specific needs based on state laws and company formation. This package includes a Table of Contents, Member Info section, and a signature page. Members in an LLC Operating Agreement Member Name Member Address Member Percentage of Ownership Member Capital Contributions John Doe 123 Main St, Anytown USA 50% $50,000 Jane Smith 456 Oak St, Anytown USA 50% $50,000 Distribution of Profits in an LLC Operating Agreement The Distribution of Profits section in an LLC Operating Agreement outlines how profits will be divided among members. This section typically specifies the percentage of profits each member will receive, based on their ownership interest. It may also include provisions for distributing profits to managers or agents. In some cases, profits may be allocated differently based on certain events or decisions. It’s important to carefully consider the Distribution of Profits section when drafting an Operating Agreement, as it can impact the success of the company. Use a free LLC Operating Agreement template to ensure that your Distribution of Profits section is well-defined and meets the needs of your entity. Flexibility in an LLC Operating Agreement An LLC Operating Agreement is a crucial document that outlines the rules and regulations for running a Limited Liability Company. One of the benefits of an LLC is the flexibility it offers in terms of management, ownership, and taxation. The Operating Agreement can be customized to suit the specific needs of the company. This includes determining the roles and responsibilities of the managers and members, how profits and losses are distributed, and how decisions are made. The flexibility of an LLC Operating Agreement makes it an ideal choice for a variety of businesses, from small startups to real estate ventures. With the help of free operating agreement templates and FAQs, creating an LLC and customizing its operating agreement has never been easier. Pass-Through Taxation in an LLC Operating Agreement Pass-through taxation is a popular tax structure for LLCs outlined in the operating agreement. This means that instead of the LLC being taxed as a separate entity, the profits and losses are “passed through” to the individual members’ tax returns. This can be advantageous for LLCs, as it avoids the double taxation that corporations may face. It’s important to note that pass-through taxation applies to both single-member and multi-member LLCs. When drafting an LLC operating agreement, it’s crucial to address how pass-through taxation will be handled and clearly outline the distribution of profits and losses. Utilizing a free LLC operating agreement template can help ensure all necessary elements are included. Protection in an LLC Operating Agreement Protection in an LLC Operating Agreement is crucial to safeguarding your interests. This document outlines the rights and obligations of the members, as well as the company’s policies and procedures. It also helps to protect personal assets from any business liabilities. If a dispute arises, the Operating Agreement can be referenced to resolve the issue and avoid costly litigation. It’s important to have a thorough and well-drafted Operating Agreement in place, customized to your specific needs and state laws. Our free LLC Operating Agreement template can be downloaded and edited to fit your requirements. Don’t risk your ownership interest – protect your business and personal assets with a solid Operating Agreement. Free LLC Operating Agreement Template Our Free LLC Operating Agreement Template is available for download in both PDF and Word formats. This template is perfect for those looking to form an LLC in the US. It includes all the necessary parts of an operating agreement, including Article VI for single and multi-member LLCs. Our template is simple and easy to use, making it perfect for those who are new to company formation. We also offer FAQs and notes to help guide you through the process. Our template has received high ratings from editors and advisors, and has been featured in Forbes. Download our printable and downloadable template today to get started on your LLC journey. Contents of an LLC Operating Agreement (9 articles) Article Contents Article 1: Formation Details on how the LLC is formed, including the name, purpose, and duration of the company. Article 2: Members Information on the members of the LLC, including how they are admitted, their rights and responsibilities, and how they can be removed. Article 3: Management Explanation of how the LLC will be managed, including details on who will manage it and their responsibilities. Article 4: Capital Contributions Details on the amount and type of capital contributions required from members, as well as how and when they will be made. Article 5: Profits and Losses Explanation of how profits and losses will be allocated among members, including any special allocation provisions. Article 6: Distributions Details on how and when distributions will be made to members, including any restrictions on distributions. Article 7: Dissolution and Termination Explanation of how the LLC will be dissolved and terminated, including the process for winding up its affairs and distributing assets. Article 8: Indemnification and Liability Details on how members will be indemnified and protected from liability, including any limitations on liability. Article 9: Miscellaneous Any additional provisions not covered in the previous articles, such as how the agreement can be amended or how disputes will be resolved. LLC Operating Agreement Certification of Member Our free LLC operating agreement template includes a Certification of Member section for your convenience. This template has received high ratings and numerous downloads, making it a trusted resource for many. If you need help filling out this section or any other parts of the operating agreement, consult a legal advisor or an experienced editor. It is important to ensure that everything is correct and in accordance with the laws of your state. Related Forms for LLC Operating Agreements Related forms for LLC operating agreements include single member, partnership, multi-member, corporation, sole proprietorship, and real estate agreements. These forms can be downloaded online or obtained from a government office. Some states may require specific forms for LLC operating agreements, so it is important to check the requirements in your state. It is also important to note that the operating agreement should be tailored to the specific needs of your business. Consulting with an advisor or attorney can ensure your agreement covers all necessary details. Eric ShrumWas this article helpful?YesNo LLC Operating Agreement