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Addendum To Operating Agreement Template for United States

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Key Requirements PROMPT example:

Addendum To Operating Agreement

"I need an Addendum To Operating Agreement to add two new members to our tech startup LLC and modify the profit-sharing percentages among all members, to be effective from March 1, 2025."

What is a Addendum To Operating Agreement?

The Addendum To Operating Agreement is utilized when LLC members need to modify their existing operating agreement to reflect changes in business operations, ownership structure, or management arrangements. This document is particularly important in the United States where LLCs must maintain current operating agreements that accurately reflect their business structure and operations. Common uses include adding or removing members, changing profit distributions, modifying management structure, or updating operating procedures. The addendum must comply with both federal and state-specific LLC laws and typically requires proper member approval as specified in the original operating agreement.

What sections should be included in a Addendum To Operating Agreement?

1. Parties: Identifies all current LLC members and managers affected by the addendum

2. Background: References original Operating Agreement and explains reason for addendum

3. Definitions: Defines new terms or modified definitions from original agreement

4. Amendments: Specific modifications to the original Operating Agreement

5. Ratification: Confirms all other provisions of original agreement remain in effect

What sections are optional to include in a Addendum To Operating Agreement?

1. Effective Date: Specifies when changes take effect if different from signing date

2. Member Approval: Documents member consent when required by original agreement or state law

3. Tax Treatment: Specifies tax implications when modifications affect tax status

What schedules should be included in a Addendum To Operating Agreement?

1. Updated Member Schedule: Current membership interests and capital contributions

2. Voting Certificate: Documentation of member approval if required

3. Redline Comparison: Shows changes between original and modified sections

Authors

Alex Denne

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

Clauses























Industries

Federal Internal Revenue Code: Federal tax regulations governing the tax treatment of LLCs, including tax classification, distributions, and member allocations

Securities Exchange Act: Federal securities laws that may apply if membership interests are involved in the amendment

Federal Bankruptcy Code: Federal laws governing bankruptcy proceedings that may need to be considered in amendments affecting asset distribution or member rights

State LLC Act: State-specific laws governing the formation, operation, and modification of Limited Liability Companies

State Business Corporation Laws: State-specific regulations affecting business entities, including requirements for amendments and filings

State Securities Laws: State-level securities regulations that may affect membership interest transfers or modifications

State Tax Laws: State-specific tax regulations that may impact LLC operations and member obligations

Contract Law Fundamentals: Basic principles of contract law including offer, acceptance, consideration, and mutual intent

Contract Modification Principles: Legal requirements for properly modifying existing contracts, including necessary approvals and documentation

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

Operating Agreement Amendment Requirements: Specific procedures and requirements outlined in the original operating agreement for making modifications

Member/Manager Approval Requirements: Necessary approval thresholds and voting procedures required for implementing amendments

State Filing Requirements: Any necessary documentation or filings required by the Secretary of State when amending an operating agreement

Notice Requirements: Legal obligations to notify members, managers, or other parties of proposed or implemented amendments

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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