PRIVACY LLC’S, John Clark, Attorney

 

OPERATING AGREEMENT & written consents authorizing action

THE OPERATING AGREEMENT

The Operating Agreement is a private agreement between the LLC and its Member(s).  It is the primary document for documenting/proving ownership of the LLC, and for determining how the LLC will be operated.  If privacy is your objective, it is not advisable to let this document out of your site, let alone copy it.  Certain institutions such as banks or title companies may want to see this, or to make a copy.  Try to avoid this.  Be willing to show the document, but use “Written Consents” when an actual document must be provided to a third party.



WRITTEN CONSENTS BY MEMBER(S)

The Operating Agreement authorizes the Member(s) to take action by written consent.  You may have heard of corporate “resolutions.”  Resolutions are generally issued by the corporate secretary after a vote of the board of directors.  LLCs can be less formal.  The Member(s) can take action based upon a written consent that describes what needs to be done:  buy/sell property, register a vehicle, open a bank account, execute a contract, etc.



LLC DOCUMENTATION PRICING

If you have an existing LLC, I may be able to help you get proper documentation in place.  Pricing depends on the level of sophistication.  It is not possible for me to assess a given situation without first performing a privacy evaluation.  Pricing starts at a fixed $500 for the evaluation which allows me to establish a fixed fee or hourly rate.