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Contract Glossary

Operating Agreement

Definition

The foundational governance document for a Limited Liability Company (LLC) that establishes the rights, responsibilities, and relationships between the members (owners). It covers capital contributions, profit distribution, management structure, voting rights, member withdrawal or addition, and dissolution procedures. While not always legally required, operating without one is like driving without insurance, fine until something goes wrong.

In Practice

Two friends start a web development LLC with equal 50/50 ownership. They skip the operating agreement because 'we trust each other.' Two years later, one partner wants to take on outside investment; the other doesn't. One partner is working 60-hour weeks; the other has a full-time job elsewhere. Without an operating agreement, there's no mechanism to resolve these disputes, no way to force a buyout, and no clear definition of each partner's obligations. An operating agreement would have addressed all of this on day one, capital calls, minimum commitment requirements, decision-making thresholds, and exit mechanisms.

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This content is for informational purposes only and does not constitute legal advice.