By State
- Alabama
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Advantages of a Single-Member LLC Operating Agreement
Although executing an operating agreement is not mandated by law, it is recommended, as it provides several benefits.
- Clearly states how the business will run, so there’s no confusion
- Separates the owner from the business for liability reasons, reinforcing the corporate veil.
- Customized internal rules that override state-imposed default regulations
- Helps ensure the owner retains full control of the company
- Aids in future growth and change with investors and/or new members
What’s Included
Most operating agreements for single-member entities will include the following provisions:
- Initial Details. The document will set forth the formal details of the LLC include the company name, business purpose, duration, and registered office/agent.
- Owner/Member Details. The name of the owner and their rights/powers/responsibilities and management of their capital contributions are outlined in the agreement.
- Limitation of Liability/Indemnification. A primary function of the agreement is to separate the owner’s business identity from their personal identity, protecting the owner from the business’s liabilities and vice versa.
- Finances. The agreement outlines how the entity’s books, records, accounting, and tax matters are handled. It will also set forth how the member’s capital accounts will be managed.
- Death/Disability. An important provision regarding what will happen to the company in the event the sole member dies or becomes disabled is often included.
- Duration and Dissolution. How long the company will be maintained and under what terms it may be dissolved is generally stated in operating agreements.
