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In the realm of business formation, particularly for limited liability companies (LLCs) in North Carolina, the Operating Agreement serves as a crucial document that outlines the internal workings of the business. This agreement delineates the roles and responsibilities of members, establishes procedures for decision-making, and sets forth guidelines for profit distribution. It provides clarity on various operational aspects, including the management structure, voting rights, and procedures for adding or removing members. Additionally, the Operating Agreement addresses the dissolution of the LLC, ensuring that members understand the process should the need arise. By having a comprehensive Operating Agreement in place, business owners can help prevent misunderstandings and disputes, fostering a more harmonious working environment. It is important to recognize that while the state does not mandate an Operating Agreement for LLCs, having one is highly advisable for protecting the interests of all members involved.

Sample - North Carolina Operating Agreement Form

North Carolina Operating Agreement

This Operating Agreement is designed to guide the operation of __________ ("Company"), a Limited Liability Company (LLC) formed and existing under the laws of the State of North Carolina. It outlines the financial and functional decisions of the business's policies, procedures, and regulations. The members of the Company agree to abide by these terms as set forth in this agreement and under the North Carolina Limited Liability Company Act.

1. Company Information

Name of the LLC: __________

Principal Place of Business: __________

Registered Agent and Office: __________

Date of Formation: __________

The Company is organized under the laws of the State of North Carolina and shall conduct business in compliance with all relevant state laws and regulations.

2. Members and Ownership

Members: The LLC is owned by the following member(s): __________

  1. Name: __________, Ownership Percentage: __________
  2. Name: __________, Ownership Percentage: __________

Contributions: Each member has contributed __________ to the Company.

3. Management

The Company is [_managed by members / managed by a manager_]. If managed by a manager, the details of the manager(s): __________.

4. Duties and Powers of Members and Managers

Each member or manager has specific duties and powers as outlined in this agreement. These include, but are not limited to, making decisions regarding the operation of the Company, entering into contracts on behalf of the Company, and managing the day-to-day operations.

5. Distributions

Profits and losses shall be distributed to the members annually in proportion to their ownership interest. Distributions shall be made [_specific time period_].

6. Membership Changes

Conditions for adding new members, transferring membership interest, and member withdrawal are as follows: __________

7. Dissolution

The Company may be dissolved with the consent of __________% of the membership interests. Upon dissolution, assets of the Company shall be distributed in accordance with the members' ownership percentages after settling all debts and obligations.

8. Amendments

This Operating Agreement can be amended only with the written consent of __________% of the members.

This Agreement is entered into and effective as of __________.

IN WITNESS WHEREOF, the undersigned have executed this Operating Agreement effective as of the last date signed below:

  • Name: __________, Signature: __________, Date: __________
  • Name: __________, Signature: __________, Date: __________
⇩ Operating Agreement PDF Form

File Specs

Fact Name Description
Purpose The North Carolina Operating Agreement outlines the management structure and operating procedures for a limited liability company (LLC).
Governing Law This agreement is governed by the North Carolina Limited Liability Company Act.
Members It defines the rights and responsibilities of the members of the LLC.
Management Structure The agreement can specify whether the LLC is member-managed or manager-managed.
Profit Distribution It outlines how profits and losses will be distributed among members.
Amendments The operating agreement can include procedures for making amendments to the document.
Dispute Resolution It may provide methods for resolving disputes among members.
Duration The agreement can specify the duration of the LLC's existence.
Initial Capital Contributions It details the initial capital contributions made by each member.
Legal Requirement While not legally required, having an operating agreement is highly recommended for LLCs in North Carolina.
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