The Operating Agreement is the contract of a LLC - a shareholders agreement. The Operating Agreement is not mandatory in all states of the U.S. It is in many U.S. states not mandatory. However, it is often important that an Operating Agreement exists. Without a corresponding provision in the Shareholders Agreement, the LLC would dissolve, for example, if one of its members leaves the company. The contract is usually an important criteria for the German tax authorities when it comes to the corporation or partnership classification of the LLC in Germany.
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When setting up business operations in the U.S. initially we had many open questions and uncertainties. We not only saved the high cost of a specialized lawyer, with ALTON LLC we found an experienced, and German-speaking, partner to not only found our company but also for consulting advice as well as for all our necessary office services such as postal services, telephone and fax services, and much more - and all to our complete satisfaction. - Markus Meixner (Telecommunications Software GmbH)