Homepage Attorney-Approved South Carolina Operating Agreement Form
Outline

In South Carolina, the Operating Agreement is a crucial document for any Limited Liability Company (LLC). This form outlines the internal management structure and operating procedures of the LLC, ensuring that all members understand their rights and responsibilities. It typically includes key elements such as the ownership percentages of each member, the distribution of profits and losses, and the procedures for adding or removing members. Additionally, the Operating Agreement addresses decision-making processes, management roles, and dispute resolution methods. Having a well-drafted Operating Agreement can prevent misunderstandings and conflicts among members, providing a clear framework for the company's operations. It is important to note that while South Carolina does not legally require an Operating Agreement, having one is highly advisable for any LLC to protect its members and maintain a smooth functioning business.

Form Sample

South Carolina Limited Liability Company Operating Agreement

This Operating Agreement (the "Agreement") is made effective as of ______ [Insert Date], by and among the members listed in Exhibit A (each, a "Member" and collectively, the "Members") of ______ [Insert LLC Name] (the "Company"), a South Carolina limited liability company. This Agreement is intended to comply with the South Carolina Uniform Limited Liability Company Act (the "Act") and shall govern the affairs of the Company and the conduct of its business.

1. Formation

The Members hereby form a limited liability company ("LLC") in accordance with and subject to the laws of the State of South Carolina. The Company shall continue until terminated as provided in this Agreement.

2. Name and Principal Place of Business

The name of the LLC is "______ [Insert LLC Name]." The principal place of business of the LLC shall be "______ [Insert Address]," or such other place as the Members may from time to time designate.

3. Purpose

The purpose of the LLC is to engage in any lawful act or activity for which a limited liability company may be organized under the Act.

4. Capital Contributions

The Members have contributed to the LLC's capital as described in Exhibit B attached hereto. Additional contributions shall be made only as agreed by all Members.

5. Distributions

Profits and losses shall be allocated, and distributions made to the Members, in accordance with the percentages listed in Exhibit C, or as otherwise unanimously agreed by the Members.

6. Management

The Company shall be managed by its Members. Each Member shall have authority to bind the Company in the ordinary course of its business.

7. Meetings

Meetings of the Members shall be held annually or more frequently as required. Meetings shall be at a time and place agreed upon by the Members.

8. Amendments

This Agreement may be amended only with the written consent of all Members.

9. Dissolution

The Company may be dissolved with the consent of Members owning more than 50% of the interests in the profits of the Company, or as otherwise provided by the Act.

10. Governing Law

This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions.

Signatures

IN WITNESS WHEREOF, the Members have executed this Operating Agreement as of the date first above written.

  • Member Signature: ______ [Signature]
  • Printed Name: ______ [Print Name]
  • Date: ______ [Date]
Additional signatures as required

Exhibit A: List of Members

Member Name and Address:

  • ______ [Insert Member Name and Address]

Exhibit B: Capital Contributions

Description of each Member's initial capital contribution:

  • ______ [Insert Description]

Exhibit C: Distribution Percentages

Percentage of profits and losses allocated to each Member:

  • ______ [Insert Percentage]

Form Attributes

Fact Name Details
Purpose The South Carolina Operating Agreement outlines the management structure and operating procedures for a limited liability company (LLC) in the state.
Governing Law This agreement is governed by the South Carolina Limited Liability Company Act, codified in Title 33, Chapter 44 of the South Carolina Code of Laws.
Membership Details The agreement specifies the rights and responsibilities of members, including ownership percentages and profit-sharing arrangements.
Amendments Members can amend the Operating Agreement as needed, provided that all members agree to the changes in writing.
Legal Protection Having a well-drafted Operating Agreement can help protect members from personal liability and clarify the company’s operational framework.
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