What is included in an LLC operating agreement?
Common provisions address members and ownership interests, management authority, voting, contributions, distributions, meetings, transfers, admission or departure of members, and dissolution. The appropriate provisions depend on the LLC.
An operating agreement is an internal LLC governance document rather than the state formation filing. It can address ownership percentages, management authority, voting, contributions, distributions, transfers, and what happens if a member joins or leaves. Even when a state does not require the agreement to be filed publicly, maintaining a current written agreement can help document how the owners intend the LLC to operate.
LLC rules are created by state law, so terminology and filing requirements can vary. The document that creates an LLC may be called Articles of Organization, a Certificate of Formation, or a similar name, and the public filing does not necessarily contain every ownership or management detail that the company's internal records should address.