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March 27, 2018

What Is The Difference Between An LLC Membership Agreement versus Operating Agreement

Is there a difference between an LLC Membership Agreement and an LLC Operating Agreement? Thank you. Based on some quick research, they seem to be the same thing.

Answer

They are the same thing.

While many states do not require a Limited Liability Company to have an Operating Agreement, it is nonetheless a good idea to have one drafted.

Regardless of whether the state you form your LLC in requires an Operating Agreement, if your LLC consists of multiple members, it is imperative that your LLC has a written Operating Agreement.  A single-member LLC is not typically as important, but not a bad idea to draft one.

RocketLawyer has a free Operating Agreement that you can fill in with your information.  Start on it here.

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