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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."
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
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
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
Business
Business Day
Capital Account
Capital Contribution
Company
Confidential Information
Designated Partner
Director
Dissolution Event
Distribution
Financial Year
Fiscal Year
Governing Law
Initial Members
Intellectual Property Rights
Management Committee
Managing Director
Member
Membership Interest
Net Profits
Net Losses
Operating Expenses
Ownership Interest
Partner
Partnership
Percentage Interest
Permitted Transfer
Quorum
Registered Office
Resolution
Share
Shareholder
Transfer
Transferee
Voting Rights
Working Capital
Business Assets
Material Breach
Territory
Special Resolution
Ordinary Resolution
Related Party
Board
GST
Capital Contributions
Membership Interests
Management Structure
Voting Rights
Meetings and Resolutions
Financial Management
Profit Distribution
Transfer Restrictions
Business Operations
Decision Making
Confidentiality
Non-Competition
Intellectual Property
Dispute Resolution
Termination
Exit Rights
Force Majeure
Indemnification
Amendment Procedures
Compliance Requirements
Books and Records
Tax Matters
Insurance
Representations and Warranties
Governing Law
Severability
Assignment
Notices
Entire Agreement
Retail
Technology
Manufacturing
Professional Services
Hospitality
E-commerce
Healthcare
Education
Consulting
Real Estate
Food & Beverage
Trading
Logistics
Agriculture
Tourism
Legal
Management
Operations
Finance
Administration
Compliance
Corporate Affairs
Business Development
Strategy
Risk Management
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
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