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How To Create Your Operating Agreement For A Wisconsin LLC

There are a couple of documents that you must complete if you want to form an LLC in Wisconsin. One of them is mandatory, and the other is completely optional, but both play a vital role in the success of your limited liability company. The mandatory document is the one that you will submit to the Wisconsin Department of Financial Institutions. This is Form 502, also known as the Articles of Organization. This is the document that you will turn in so that they can approve your LLC. The other document, which is completely optional, is called your Operating Agreement. This document is designed to outline your daily business operations, from the context of the limited liability company, regarding everyone involved. Here is an overview of how you can create a well-written Operating Agreement that can help your LLC.


What Is An Operating Agreement For An LLC?

The purpose of an Operating Agreement is to provide an overview of the operations of the LLC. It will present information about the members of your limited liability company, as well as their obligations, duties, and liabilities. It will also discuss their rights and powers and is an internal document that you will want to keep at your office. It is not submitted to the Secretary of State and can be vital if you are ever in legal turmoil.


LLC Operating Agreement Wisconsin


How Do You Craft An Operating Agreement?

First of all, you need to have a general idea of what your business is about. You are likely selling products and services in the Wisconsin area. Even if you have a website, allowing people to purchase what you have to offer online, it will revolve around a particular niche that your customer base will enjoy. The members of your LLC will share in the profits. They will also have a say in how the businesses run. That is why you need to document in writing what powers and duties they are responsible for, plus present their obligations and liabilities so there is no question to what is expected from them. When this document is done, anyone reading it will understand what the purpose of your LLC actually is. In a court of law, when you are trying to show that your personal assets are separate from your LLC, it will make this much easier to do.


How Does This Relate To Creating An LLC?

The creation of the LLC specifically revolves around the Articles of Organization. This is where you will list the name of your LLC, its email, phone number, and who your registered agent is. In regard to the limited liability company and the members or managers that are part of that, you must state whether it is manager-managed or member-managed. You also need to list your organizers, have them sign the document, and list the name of whoever drafted the document. Once this is done, it can be submitted to the Wisconsin Department of Financial Institutions. This is Form 502. Once completed, this is what will be sent in to eventually lead to the formation of your LLC. Therefore, the Operating Agreement is purely for the owner of the business, and the members of the LLC, so they can understand what role they play in this business.


What If You Don’t Create An Operating Agreement?

If you do not create the Operating Agreement for your LLC, it will then be subjected to the state default rules. These rules are crafted by the state, and they may not be favorable toward your business. Therefore, it is essential that you have one for reference and one that can be used to clearly show the purpose and intent of your business. For example, when or if your LLC comes to an end, and you are trying to dispose of business assets, you want full control over what happens. All of this can be in your control if you do have your Operating Agreement crafted.

It is so important to have the Operating Agreement fully completed at the time that your LLC begins. That way, as things change about your business, or as members and managers come and go, it will still present what your LLC is about. If there are any legal complications, it can also assist you, defining what your business is and what the limited liability company represents. If you have not made one, but you do have a limited liability company in the state of Wisconsin, you need to create one as soon as possible. If you are not quite sure of how to do this, you can always consult with a professional business that does this all the time. They will be more than happy to help you create one, and can even assist people that do not have an LLC submit the proper documents.