The
Florida LLC Operating Agreement is the official governance
document for a Fla limited liability company. This
agreement should always be in writing and signed by all
members to ensure there are no misunderstandings or later
disputes about LLC ownership, rights, obligations and rules.
Benefits
of a Florida LLC Operating Agreement
The most important benefit
of this document is that it addresses the many ownership and
operational details for a Florida LLC business. This
results in reducing the chances of any later disputes or
misunderstandings between members and managers.
Another benefit is that it
gives the limited liability company its own personality and
set of governing rules and this is very important to ward
off any challenges claiming that the members be personally
liable for business debts, obligations and lawsuits.
A final benefit is the
practice of sound governance and maintenance practices.
By having a simple set of rules and following them as you
operated your LLC business, you are creating a trail of
sound business practices which in turn better ensure you
remain in good standing and address the important business
planning requirements of your business.
Limitations of Operating Agreement Provisions
Generally, the Florida laws allow for the ability to
customize the substantive provisions of the Florida LLC
Operating Agreement to the needs of a particular business.
However, there are some topics that cannot be altered in the
written document.
Examples of those topics which cannot be altered or removed
include:
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Unreasonably restricting a members rights to LLC
information and access to records
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Completely Eliminating the Duty of Loyalty Imposed upon
Members
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Varying the wind up requirements of the Florida LLC's
business upon dissolution
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Typical
Matters Addressed in a Florida LLC Operating Agreement
This document should be
viewed as an operating manual for an LLC business. As
a result, it should have sufficiently detailed rules and
processes for making decisions and for defining member
rights and obligations.
Examples of Matters
Addressed include:
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- Member Information
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- Recordation of
Ownership Interests and Capital Contributions
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- Member/Management
Voting Rights and Voting Requirements
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- Rules for Profits
Distributions and Allocations
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- Restrictions and
Rights regarding Membership Interest Transfers and Sales
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- Business Purposes and
Any Limitations on Purpose
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- Dissolution/Winding Up
Provisions
Florida
LLC Operating Agreement Forms
When preparing your own
Operating Agreement for a Fla LLC it is essential you start
off with a professional form drafted by persons who
understand LLC business entities.
The LLC Expert, the parent
entity of Florida LLC Formation.com, provides expert LLC
form operating agreements with a Guide to help you complete
the form.
You can purchase a Florida
state specific form with your LLC Formation services (this
is an add-on to the Gold Package and is included in the
Platinum Package).
If you need to purchase a
form Florida LLC Operating Agreement only because your LLC
is already formed, visit our
LLC Operating Agreement page at The LLC Expert Website.
Note About
Complex LLC Businesses
If your Fla business is
going to have multiple members or investors and other
parties are requesting special provisions in the Florida LLC
Operating Agreement, it is recommended you retain the
services of a Fla business attorney to assist you in
preparing this document. For complex ownership,
management or operational structures, the fees for a lawyer
are well worth it.
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Forming an LLC in
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