Operating Agreements

An operating agreement is a way for employers to outline and communicate to their employees the basic infrastructure of the business. Operating agreements are made in LLC (Limited Liability Company) settings, and they lay out overrides to the default rules set by the LLC Act of that state. Essentially, operating agreements allow you to personalize the way that your company is run as well as protect you from potential misunderstandings that may arise among you and your coworkers.

Each company is different and runs in a unique manner; one should mold the operating rules of the workplace to the standard of that particular company. Therefore, it is highly advisable that an operating agreement is used.

he creation of operating agreements is typically common procedure among LLC’s. It is a wise and recommended move, so that the company is not required to abide solely by the state’s laws. Failure to write an operating agreement could result in a loss of protection of the company’s limited liability status. This loss could extremely endanger the owner’s financial standing should the company take a turn for the worse for any reason.

Creating an LLC Operating Agreement

When you create your LLC operating agreement, there are several items to touch upon and define completely in the document. First of all, make sure to go into as much detail as you deem necessary for the operation of the company. Anything not addressed will default to the state rules. Suggested items to consider are the following:

  • Purpose and operation of the company
  • Powers, responsibilities, and rights of each member of the company
  • Percentage interests of each company member
  • Allocation of profits and losses
  • Rules and management procedures
  • Standard procedure for the loss of an individual from the company
  • Contact Us

    If you are interested in creating an operating agreement for your Austin-based company, our company is ready and willing to help you. Contact the Austin business lawyers of Slater, Kennon & Pugh Ltd.LLP, LLC at 512-472-2431 today.



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Click here to read David Slater's article "Drafting Effective Employee Handbooks" in Executive Legal Advisor.