Do I need to have formed an LLC before getting an LLC Operating Agreement?
It is extremely important for every limited liability company (“LLC”) to have a well drafted LLC Operating Agreement.
You may get an Operating Agreement either before or after forming your LLC. In general, one is not required to have formed a LLC prior to getting an Operating Agreement. In fact, most attorneys tend to advise their clients to discuss the business terms of their venture before forming their entity. The general belief is that the members should finalize the terms of the business arrangement before spending money on forming an entity for a business that may not ever come into existence.
