Operating agreements are a crucial part of running a limited liability company (LLC) in Georgia. Without one, your business could be at risk in a number of ways. Here are five risks to consider if you don’t have an operating agreement in place for your LLC:
Lack of structure: Operating agreements outline the roles and responsibilities of each member, as well as how the business will be run. Without one, your LLC may lack the structure and organization needed to function properly.
Disputes among members: Operating agreements also establish the rules for resolving disputes among members. Without one, disputes may be left to the court to decide, which can be costly and time-consuming.
Personal liability: Operating agreements can help protect members from personal liability for the actions of the LLC. Without one, members may be held personally liable for the LLC’s debts and obligations.
Difficulty raising capital: Without an operating agreement, it may be difficult to raise capital for your LLC. Investors and lenders may be hesitant to invest in a business without a clear understanding of how it will be run and how profits will be distributed.
Difficulty transferring ownership: Operating agreements also outline the rules for transferring ownership of the LLC. Without one, it may be difficult to transfer ownership, which can make it difficult to sell the business or bring on new members.
Overall, it is important to have an operating agreement in place for your LLC to ensure the smooth operation of your business and protect yourself and your fellow members from legal and financial risks. Battleson Law, LLC can assist you with negotiating, interpreting, and drafting operating agreements throughout the Atlanta metropolitan area and statewide across Georgia.
Battleson Law LLC can help you in the early stages of a business formation or in documenting you partnerships, LLCs, S-corporations, C-corporations, and joint ventures. Call us today at 470.766.0811, or send us a message online to speak to an attorney. We have offices in Atlanta, Sandy Springs, Alpharetta, and Marietta.