ABC / LLC Operating Agreement

Operating Agreement

* DESCRIPTION: Operating Agreement is the agreement between the members of a Limited Liability Company. Operating agreement is drafted by an LLC’s founding members under the authority of its Articles of Organization . This document widely varies from organization to organization, but generally cover topics such as how new members are accepted, how meetings of members are conducted, how the company is managed, etc.

No state requires an LLC to have an Operating agreement. LLCs operating without an operating agreement are governed by the State's default rules contained in the relevant statute and developed through state court decisions. However foreign receiving organization often require this document as one of the foundation document of the company.

Operating Agreement is an internal and most important document of the company. The original document bearing the original members’ signatures is usually kept in the main office of the company.

Members or managers of the company have the authority to make a copy of the Operating Agreement, and attest that this copy is a true and correct copy of the original document.

If your company does not have an Operating Agreement – we can provide sample Operating Agreement.

* LEGALIZATION REQUIREMENTS: For legalization we will need a copy of your company’s Operating Agreement accompanied by an original notarized affidavit signed by a member, a manager or an officer of the LLC confirming that the attached copy is a true and exact copy of the original document. We will furnish a sample affidavit when we process your order for the legalization.

* LEGALIZATION: APOSTILLE: If the document is intended for use in a foreign country it has to be legalized (another word is “authenticated”) for foreign use. This is a process in which various seals are placed on the document. The legalization procedure basically depends on one factor: whether the target country has joined the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (“The Hague Convention”). In this case the only legalization required is an Apostille certificate. (Apostille is a French word which means a certification). A document bearing an Apostille is valid in all of the Hague countries.
* CONSULAR LEGLAIZATION: Many foreign jurisdictions have not joined the Hague Convention. If the document is intended for a non-Hague country the consular legalization will be required. Before the consulate or the embassy can stamp the document, the document has to be authenticated on the state and federal levels.

* RELATED DOCUMENTS: Articles of Organization, Articles of Amendment (if any amendments were filed by your company), Certificate of Status (Certificate of Existence, Certificate of Good Standing), Certificate of Incumbency.

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