Official Operating Agreement Template for the State of New York Make Your Document Now

Official Operating Agreement Template for the State of New York

The New York Operating Agreement form is a crucial document for Limited Liability Companies (LLCs) operating in the state. This agreement outlines the management structure, responsibilities, and financial arrangements among members. Understanding its components can help ensure smooth operations and protect the interests of all parties involved.

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Document Sample

New York Operating Agreement

This Operating Agreement ("Agreement") is made effective as of the ___ day of __________, 20___, by and among the following members:

  • Member 1: __________________________________
  • Member 2: __________________________________
  • Member 3: __________________________________

This Agreement is established pursuant to the Applicable Laws of New York State. The parties intend to form a Limited Liability Company (LLC) under New York law and agree to the following:

1. Formation

The members hereby form a Limited Liability Company under the name ______________ LLC, to be organized and operated under the laws of the State of New York.

2. Purpose

The purpose of the LLC is to engage in any lawful activity for which Limited Liability Companies may be organized under New York law.

3. Principal Office

The principal office of the LLC shall be located at:

______________________________________________________

4. Duration

The duration of the LLC shall be perpetual, unless dissolved in accordance with this Agreement or by law.

5. Members' Contributions

The members shall contribute to the LLC as follows:

  • Member 1: __________________________________
  • Member 2: __________________________________
  • Member 3: __________________________________

6. Profits and Losses

Profits and losses of the LLC shall be allocated to the members in proportion to their respective contributions, unless otherwise agreed upon in writing by all members.

7. Management

The management of the LLC shall be vested in the members. Decisions shall be made by a majority vote of the members.

8. Meetings

Meetings of members shall be held at least once a year at a time and place determined by the members. Notice of the meetings shall be provided at least ___ days in advance.

9. Amendments

This Agreement may be amended only by a written agreement signed by all members.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

Signatures

IN WITNESS WHEREOF, the members have executed this Agreement as of the date first above written.

Member 1 Signature: ____________________________ Date: ______________

Member 2 Signature: ____________________________ Date: ______________

Member 3 Signature: ____________________________ Date: ______________

Key takeaways

When filling out and using the New York Operating Agreement form, several important points should be kept in mind to ensure clarity and compliance.

  • Purpose of the Agreement: The Operating Agreement serves as a foundational document that outlines the management structure and operational guidelines for your business entity. It is essential for clarifying the roles and responsibilities of members.
  • Member Information: Accurately list all members involved in the business. This includes their names, addresses, and ownership percentages. This information is crucial for establishing clear ownership rights.
  • Management Structure: Decide whether your business will be member-managed or manager-managed. This decision affects how decisions are made and who has authority within the company.
  • Profit and Loss Distribution: Clearly outline how profits and losses will be distributed among members. This section should reflect the agreed-upon percentages and any specific conditions that apply.
  • Amendments and Changes: Include provisions for how the Operating Agreement can be amended in the future. This allows for flexibility as the business grows and changes over time.

Understanding these key aspects can help ensure that the Operating Agreement is effective and serves the best interests of all members involved.

Other Common State-specific Operating Agreement Templates

Instructions on How to Fill Out New York Operating Agreement

Completing the New York Operating Agreement form is an essential step for establishing the rules and regulations governing your business. This document outlines the structure and operational procedures for your LLC. Below are the steps to effectively fill out the form.

  1. Begin by entering the name of your LLC at the top of the form. Ensure that it matches the name registered with the New York Department of State.
  2. Provide the principal office address of the LLC. This should be a physical address, not a P.O. Box.
  3. List the names and addresses of all members involved in the LLC. Each member's information should be complete and accurate.
  4. Indicate the management structure of the LLC. Specify whether it will be member-managed or manager-managed.
  5. Detail the contributions of each member. This includes cash, property, or services provided to the LLC.
  6. Outline the distribution of profits and losses among members. Clearly state how profits will be shared based on contributions or another agreed-upon method.
  7. Include any additional provisions that may be relevant to your LLC's operations. This could cover voting rights, meetings, or buyout procedures.
  8. Ensure all members sign and date the document. Signatures should be included at the bottom of the agreement.

Once the form is completed, review it for accuracy before submitting it to the appropriate authorities. Keeping a copy for your records is advisable.