How to Find Your Operating Agreement

As a business owner, it is crucial to have an operating agreement in place. This document outlines the duties, responsibilities, and rights of all members of the company. However, finding this agreement can sometimes be difficult, especially if it was created a long time ago or you inherited the business. In this article, we will discuss how to find your operating agreement.

1. Check with the Secretary of State

In most states, businesses are required to file their operating agreements with the Secretary of State. This is done to ensure that the business is operating legally and follows all state regulations. To find your operating agreement, you can check with the Secretary of State`s office in the state where your business is registered. This information is usually available online for free or for a small fee.

2. Look in your company records

If you have a physical office, your operating agreement might be in your company records. This can include files, cabinets, or even a safe. Check all these places to see if you can find the agreement. If you cannot find it, consider using a document retrieval service.

3. Contact your attorney

If you used an attorney to create your operating agreement, they should have a copy in their records. Contact them and ask for a copy. If you did not use an attorney, it might be beneficial to consult with one to create a new agreement.

4. Ask your business partners

If you have business partners, they might have a copy of the operating agreement. Contact them and ask if they have a copy or know where it might be.

5. Check your email or cloud storage

If you conducted business via email or cloud storage, your operating agreement might be in your digital files. Conduct a search for keywords related to the operating agreement, such as “operating agreement” or “LLC agreement.”

6. Create a new agreement

If you cannot find your operating agreement, it might be time to create a new one. Consult with an attorney to create a new agreement that suits the needs of your business.

In conclusion, finding your operating agreement can be a challenge, but it is crucial to have this document in place to protect your business and ensure it operates legally. Follow these steps to find your agreement or consider creating a new one with the help of an attorney.