An Ohio LLC operating agreement template is a legal document that outlines the governing rules (policies) and responsibilities of members. The agreement also specifies the standard operating procedures like capital contributions, voting rights, etc., of LLC businesses in Ohio.
According to Ohio state laws, the operating agreement serves as the “constitution” of the LLC and if LLC is operating without this agreement, it is subjected to default. For LLCs, LLC state laws are curated. So, the requirement to make an operating agreement specific to the entity. You may also like Arkansas LLC Operating Agreement Templates.
Table of Contents
What information should be included in an operating agreement?
Include the following important information in the agreement;
LLC name
The official name of the entity should be written as appeared in the Articles of Organization during the business registration. The official physical address (headquarter office) and purpose of the LLC should also be included.
Ownership
In the agreement, all the listed members of LLC accompanied by their percentage ownership. In a multimember LLC, ownership can be equally distributed among members. However, in other cases, it is divided on the basis of the capital, time, and effort contributions.
Management structure
The entity of LLC can be member-managed or manager-managed. In the operating agreement, the management structure adopted by the LLC requires to be defined. The owners carry out the majority of the managerial duties in a member-managed LLC.
On the other hand, in case of a manager-managed LLC, managers are chosen from the members or sourced externally are appointed to oversee operations. You should also check Alabama LLC Operating Agreement Template.
Duties of members
The roles/authority of the members or managers must be stated explicitly. Every party have to be aware of the role they play in the company. An appointed manager typically will need to compensate with a salary.
Voting rights and responsibilities
Clarify how the voting rights in an LLC have been awarded in an Ohio LLC operating agreement. Other factors of voting that need to be addressed are mentioned below;
- Who is allowed to vote
- The members, managers, or both
- The minimum votes needed to pass a motion
- The weight of votes
Additionally, the power of the votes can be equal or varied on the basis of factors like ownership percentage, contribution margins, etc.
Contributions
From one situation to another, capital contributions will vary. The members of LLC can invest equal proportions or based on their financial ability. You have to specify the exact amount contributed by each member.
Distributions
Clearly define in the agreement that how profits are distributed among members. For instance, profit distributions can depend on ownership percentage or financial contributions.
Holding meetings
Meeting procedures and policies have to be defined in the agreement. It isn’t mandatory for LLCs in Ohio to hold meetings. However, it’s better to conduct scheduled meetings like AGMs.
Buyout and buy-sell rules
In some cases, it could be mandatory to assimilate new members or release existing members in an LLC. For taking up and releasing members, the agreements should outline the procedure.
Successful planning
The LLC operating agreement have to explicitly anticipate the passing away of a member (owner) of the entity and how they are to be succeeded.
Dissolution
How the entity can be dissolved if need should be directed in Ohio LLC operating agreement.
Modifications
Sometimes, modifications to the operating agreement will be inevitable. The agreement requires to anticipate such cases and direct how changes are agreed upon. Often, changes will have to be voted on.
Severability provision
It is common to find that instructions issued in an LLC operating agreement to be contrary to Ohio state laws as well as they also have errors and are thus unenforceable. You may also see Colorado LLC Operating Agreement Template.
Free Ohio LLC Operating Agreement Template
Ohio LLC Multi-Member Operating Agreement Template
Conclusion:
In conclusion, an Ohio LLC operating agreement template is a legally binding document that provides protection to the members of the LLC and their assets. This is an important document in order to prevent disagreements on how the business should be run.
