Get An Attorney-Drafted Delaware LLC Operating Agreement

When your Delaware LLC changes, your Operating Agreement needs to change too. An old or incorrect agreement can cause problems, like disagreements between owners, issues with banks, or risks to your business if details about who owns what or how decisions are made aren’t up-to-date.

Our Amended and Restated Operating Agreement is drafted by experienced Delaware business attorneys. It’s a clear, legally sound, and affordable way to make sure your LLC’s key document truly reflects how your business is run—all for just $250.

Is Your Delaware LLC Operating Agreement Up To Date?

Your Delaware LLC Operating Agreement is not a “set it and forget it” document. As your business grows and changes, failing to update your agreement can lead to significant issues:

Risk of Business Disputes: Unclear or outdated terms are a common source of disagreements between LLC members. A well-prepared, current Operating Agreement sets clear expectations from the start.

Unclear Ownership and Responsibilities: Without a written, updated LLC Agreement, proving who owns what or each member’s specific rights and duties can become challenging. 

Remember, member names are not included on public documents in Delaware; your LLC Operating Agreement is the key internal document for proving ownership in your company.

Banking and Financial Hurdles: Banks and financial institutions often require a current, signed Operating Agreement to open accounts or provide financial services for an LLC.

The Smart Solution: IncNow’s Attorney-Drafted Amended & Restated Operating Agreement

Fortunately, you can update your Delaware LLC’s Operating Agreement without the usual hassle or excessive attorney fees. 

IncNow’s Amended and Restated LLC Operating Agreement is specifically designed to address the evolving needs of Delaware LLCs, all for one flat price—no hourly rates, no retainers.

Drafted by experienced Delaware business attorneys, this service provides you with an updated, comprehensive, and legally sound document that incorporates your necessary changes, offering peace of mind and clear legal standing.

Key Benefits of A Delaware LLC Operating Agreement

A Delaware LLC Operating Agreement is a vital document that outlines how an LLC is organized and sets the foundation for how the business is structured. Here’s how a comprehensive LLC Operating Agreement benefits your business:

Prevents Costly Disputes: A clear Operating Agreement helps avoid misunderstandings and potential litigation between LLC members by setting clear expectations.

Establishes Clear Ownership: An LLC Operating Agreement should define each member’s ownership interest and detail their specific rights and responsibilities within the company. 

This is crucial because LLC member names are not included on any publicly filed documents in Delaware; your internal Operating Agreement is the only document that describes the rights, responsibilities, and ownership interest of each LLC member, and is the only way an LLC member can prove their ownership.

Supports Essential Business Functions: Banks and other financial institutions typically require a signed copy of the LLC Operating Agreement to open a business account for a Delaware LLC. This is because the bank requires proof that the person trying to open the account is properly authorized to act on behalf of the Delaware LLC.

Ensures Enforceability: While Delaware law allows an LLC Operating Agreement to be “written, oral, or implied”, having a written LLC Operating Agreement is the only way to make the agreement enforceable. Without it, legal decisions might be based strictly on state law, which may not be in the best interest of the LLC or its Members.

Maintains Control Over LLC Governance: A well-defined Operating Agreement allows members to dictate how the LLC is run, including how decisions are made, rather than defaulting to standard state law provisions that might not fit your specific business needs.

Why Choose IncNow for Your Delaware LLC Operating Agreement?

When it comes to creating or updating your Delaware LLC Operating Agreement, you have options. However, not all solutions offer the same level of expertise, protection, and value. Here’s why IncNow’s Amended and Restated Operating Agreement stands out:

Drafted by Delaware Legal Experts: Your agreement will be prepared by experienced Delaware corporate attorneys who have been specializing in Delaware LLCs for 50 years. This ensures your document is comprehensive and aligns with current Delaware law.

Tailored to Your Needs: Whether you need an initial LLC Operating Agreement or need to make changes to an existing Agreement, our Amended and Restated Operating Agreement can be customized to fit the specific needs of your Delaware LLC.

Clear, Upfront Pricing: With IncNow, the price is straightforward: $250. There are no hidden fees or surprises.

What Your Operating Agreement Will Cover

IncNow’s Amended and Restated Operating Agreement is comprehensive, allowing you to define or modify all critical aspects of your Delaware LLC’s operations, including:

LLC Ownership: Clearly define who the LLC members are and specify each member’s ownership interest.

Voting Rights & Procedures: Choose how company interests are divided, including whether to have Voting and Non-Voting units, and describe the process for making decisions within the LLC.

Management Structure: Decide if your LLC will be Member-Managed (managed by its owners) or Manager-Managed (by non-owner executives or a combination).

Capital Contributions: Specify initial investments from each member and establish how additional funding requirements will be handled.

Transfer of Ownership: Clarify if and when LLC Members can transfer their ownership interests and any restrictions on these transfers.

Adding New Members: Describe the process for admitting new members into the Delaware LLC.

Member Withdrawal: Establish procedures for how a member can leave the LLC and what happens to their membership interest.

Dispute Resolution: Include provisions aimed at resolving disputes between members, such as mediation or arbitration.

LLC Wind-Down: Determine what events will lead to closing the business and outline how members will handle the winding up of company assets.

This robust, tailored LLC Operating Agreement covers all of these specific circumstances and more.