When it comes to starting a business, there are many legal documents that need to be considered. Two of the most important documents are a company agreement and an operating agreement. While these two documents are often used interchangeably, they are not the same thing.
A company agreement is a legal document that outlines the structure and ownership of a company. It is a foundational document that sets up the company`s ownership, how decisions will be made, and how profits will be distributed. This agreement is typically drafted by an attorney and is used to file for incorporation or organization with the state.
On the other hand, an operating agreement is a specific type of company agreement that outlines how the company will be managed on a day-to-day basis. It is used primarily by limited liability companies (LLCs) and outlines the responsibilities of each member, how decisions will be made, and how profits will be divided. The operating agreement is not required by law, but it is highly recommended for LLCs to have one in place.
So, is a company agreement the same as an operating agreement? The short answer is no. While both documents are used to outline the structure and ownership of a company, a company agreement is a more general term that encompasses many different types of agreements, one of which is the operating agreement.
It is important for business owners to understand the differences between these two agreements and ensure that they have both in place if needed. Without a company agreement, a business may not be properly structured, and without an operating agreement, a business may not have clear guidelines for day-to-day operations.
Overall, having a well-drafted company agreement and operating agreement in place is crucial for any business. It ensures that the company is structured in a way that is legally compliant and that day-to-day operations are clear and efficient. Business owners should work with an experienced attorney to draft these documents and ensure that they are tailored to their specific needs.