Multi Member Managed LLC Operating Agreement Template for India

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Key Requirements PROMPT example:

Multi Member Managed LLC Operating Agreement

"I need a Multi Member Managed LLC Operating Agreement for a technology startup in Bangalore with four founding members (two from India, one from Singapore, and one from the USA), planning to start operations in March 2025, with specific provisions for intellectual property protection and international fund transfers."

Document background
The Multi Member Managed LLC Operating Agreement is a crucial document for businesses establishing a limited liability company structure in India. This agreement becomes necessary when two or more individuals or entities decide to form an LLC, which in the Indian context is typically structured as a Limited Liability Partnership (LLP) under the LLP Act, 2008. The document outlines the company's governance structure, operational procedures, member rights and obligations, capital contribution requirements, profit-sharing arrangements, and decision-making processes. It serves as a comprehensive guide for managing business relationships between members while providing legal protection and clarity in business operations. The agreement is particularly important in the Indian business context as it needs to comply with local corporate laws while establishing a clear framework for business governance and dispute resolution.
Suggested Sections

1. Parties: Identifies and provides details of all members entering into the LLC agreement

2. Background: Provides context about the formation of the LLC and the purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Formation and Name: Details about LLC formation, registered name, and business purpose

5. Principal Place of Business: Specifies the official address and registered office of the LLC

6. Term and Dissolution: Duration of the LLC and conditions for dissolution

7. Capital Contributions: Details of initial and additional capital contributions by members

8. Membership Interests: Allocation of ownership interests and voting rights

9. Management Structure: Procedures for management decisions and member voting

10. Meetings and Voting: Rules for conducting meetings and voting procedures

11. Duties and Responsibilities: Obligations and responsibilities of members

12. Profit and Loss Distribution: Method of allocating profits and losses among members

13. Tax Matters: Tax treatment and responsibilities

14. Books and Records: Requirements for maintaining financial records and member access

15. Transfer Restrictions: Rules governing the transfer of membership interests

16. Withdrawal and Removal: Procedures for member withdrawal or removal

17. Dispute Resolution: Methods for resolving conflicts between members

18. Governing Law: Specifies Indian law as governing law and jurisdiction

19. Amendment Procedure: Process for modifying the operating agreement

20. Miscellaneous Provisions: Standard boilerplate clauses including severability, entire agreement, etc.

Optional Sections

1. Non-Compete and Confidentiality: Restrictions on competition and protection of confidential information, used when specific business protection is needed

2. Intellectual Property Rights: Ownership and management of IP, important for technology or creative businesses

3. Foreign Investment Provisions: Special provisions for foreign members, required when foreign investment is involved

4. Insurance Requirements: Mandatory insurance coverage, important for high-risk businesses

5. Employee Management: Guidelines for hiring and managing employees, useful for larger operations

6. Banking Operations: Procedures for banking and financial operations, important for businesses with complex financial operations

7. Succession Planning: Procedures for succession in case of death or incapacity of members

8. Environmental Compliance: Environmental responsibilities, important for manufacturing or industrial businesses

9. Technology Usage Policy: Rules for use of company technology and digital assets

Suggested Schedules

1. Schedule A - Member Information: Detailed information about each member including contact details and initial capital contributions

2. Schedule B - Capital Contributions: Detailed breakdown of all capital contributions, including valuations of non-cash contributions

3. Schedule C - Profit Sharing Ratios: Detailed allocation of profit and loss sharing among members

4. Schedule D - Asset Register: List of LLC's assets and their current valuations

5. Schedule E - Business Plan: Initial business plan and strategic objectives

6. Appendix 1 - Voting Procedures: Detailed procedures for different types of votes and required majorities

7. Appendix 2 - Meeting Procedures: Detailed procedures for calling and conducting meetings

8. Appendix 3 - Valuation Methods: Agreed methods for valuing membership interests

9. Appendix 4 - Compliance Checklist: List of regulatory compliance requirements and deadlines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology and Software

Professional Services

Manufacturing

Retail and E-commerce

Real Estate

Healthcare

Education

Financial Services

Consulting

Media and Entertainment

Hospitality

Construction

Agriculture

Logistics and Transportation

Relevant Teams

Legal

Corporate Governance

Finance

Compliance

Risk Management

Board of Directors

Executive Leadership

Corporate Affairs

Company Secretariat

Business Development

Operations

Relevant Roles

Chief Executive Officer

Managing Director

Company Secretary

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Business Development Manager

Operations Director

Compliance Officer

Risk Manager

Partner

Board Member

Managing Partner

Founder

Co-founder

Business Owner

Corporate Governance Officer

Financial Controller

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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