Small Business Operating Agreement Template for India

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Key Requirements PROMPT example:

Small Business Operating Agreement

"I need a Small Business Operating Agreement for my new technology consulting firm in Bangalore, which will be owned by three partners with equal shares, to be effective from March 1, 2025, with special attention to intellectual property protection and profit-sharing mechanisms."

Document background
The Small Business Operating Agreement is a crucial document for enterprises operating under Indian jurisdiction that seek to establish clear governance and operational structures. This agreement becomes necessary when two or more individuals or entities come together to form a small business, whether as a private limited company, LLP, or partnership firm. It addresses key aspects of business operations including capital contributions, profit sharing, management responsibilities, and decision-making processes, while ensuring compliance with Indian regulatory requirements. The document serves as a foundation for preventing future disputes and providing clarity on business operations, making it essential for new business formations and existing business restructuring. This agreement is particularly relevant in the Indian context where small businesses form a significant portion of the economy and require clear operational frameworks to ensure smooth functioning and growth.
Suggested Sections

1. Parties: Identifies and provides details of all members/partners involved in the business

2. Background: Outlines the context and purpose of forming the business

3. Definitions: Defines key terms used throughout the agreement

4. Business Purpose and Scope: Defines the nature of business activities and operational scope

5. Capital Contributions: Details initial and ongoing capital contributions from each member

6. Ownership Structure: Specifies ownership percentages and classes of ownership

7. Management Structure: Outlines management roles, responsibilities, and decision-making processes

8. Meetings and Voting: Procedures for conducting meetings and making business decisions

9. Financial Management: Procedures for handling business finances, accounts, and distributions

10. Transfer of Interest: Rules regarding transfer of ownership interests

11. Dissolution and Exit: Procedures for business dissolution and member exit

12. Dispute Resolution: Methods for resolving conflicts between members

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

14. Amendment Procedures: Process for modifying the operating agreement

Optional Sections

1. Intellectual Property Rights: Include when the business owns or develops intellectual property

2. Non-Compete Provisions: Include when restricting members from competing activities

3. Confidentiality Clauses: Include when handling sensitive business information

4. Employee Management: Include when the business has or plans to have employees

5. Insurance Requirements: Include when specific insurance coverage is mandatory

6. Special Tax Provisions: Include when specific tax arrangements are needed

7. Foreign Investment Provisions: Include when foreign investment is involved

8. Branch Operations: Include when business has multiple locations

Suggested Schedules

1. Schedule A - Member Details: Detailed information about members including contact details and ownership percentages

2. Schedule B - Capital Contributions: Detailed breakdown of initial and subsequent capital contributions

3. Schedule C - Business Assets: List of business assets and their valuations

4. Schedule D - Operational Procedures: Detailed day-to-day operational procedures and policies

5. Schedule E - Financial Procedures: Detailed accounting and financial management procedures

6. Appendix 1 - Sample Forms: Standard forms for various business procedures

7. Appendix 2 - Compliance Checklist: List of regulatory compliance requirements

8. Appendix 3 - Business Licenses: Copies of business licenses and permits

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

Retail

Technology

Manufacturing

Professional Services

Hospitality

E-commerce

Healthcare

Education

Consulting

Real Estate

Food & Beverage

Trading

Logistics

Agriculture

Tourism

Relevant Teams

Legal

Management

Operations

Finance

Administration

Compliance

Corporate Affairs

Business Development

Strategy

Risk Management

Relevant Roles

Business Owner

Managing Director

CEO

Company Secretary

Legal Counsel

Business Development Manager

Operations Manager

Finance Director

Compliance Officer

Partner

Director

Entrepreneur

Small Business Manager

General Manager

Administrative Officer

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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