Q: is an LLC operating agreement valid without forming an LLC
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An LLC operating agreement isn't valid without actually forming an LLC. The operating agreement is a legal document that outlines the ownership and operating procedures of a Limited Liability Company (LLC). Without creating the LLC through proper registration with the state, the operating agreement lacks a legal entity to govern.
If you haven't formed an LLC, the operating agreement has no legal standing or enforceability. It would be similar to drafting a set of rules for an organization that doesn't legally exist. The agreement depends on the LLC's existence to provide structure, rights, and responsibilities to its members.
To ensure your agreement is valid, you must first register the LLC with your state. Once the LLC is established, you can then create an operating agreement that aligns with your business goals and legal requirements. Without this step, the document will have no binding effect.
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