2024- The Year of The Operating Agreement
The Importance of Keeping Your Business’s Entity Documents Up to Date
As a business owner, you are constantly juggling many responsibilities, from managing employees to handling client relationships and everything in between. It’s understandable that legal paperwork might not always be at the forefront of your mind. However, having an up-to-date operating agreement is crucial to ensure your business’s success. In this blog post, we will discuss why it’s essential to keep your operating agreement current, especially concerning beneficial ownership reporting to FinCen.
Firstly, a clear and current operating agreement can help avoid disputes and misunderstandings among business owners. It sets out the expectations and responsibilities of each member or partner in the company, including how profits and losses will be divided, how major decisions will be made, and how ownership changes will occur. Without an updated operating agreement, disputes can arise amongst owners regarding these matters. These disputes could result in a lot of wasted time and money in court, as well as strained relationships. By keeping the agreement up to date and straightforward, business partners can get on the same page and build a better foundation for their partnership.
Secondly, an outdated operating agreement can lead to legal and compliance issues. One major compliance area to consider is the beneficial ownership reporting requirement imposed by the Financial Crimes Enforcement Network (FinCen). As per the new regulation, all businesses must report their beneficial owners’ information in the FinCen system to prevent financial crimes. Failure to comply with this regulation can result in significant penalties. By having an up-to-date operating agreement, businesses can identify their beneficial owners and stay compliant with FinCen’s regulations.
Thirdly, another reason to update your operating agreement regularly is that it can help you take advantage of new commercial opportunities. Over time, your business might expand or encounter new types of commercial opportunities, and without an updated operating agreement, you might miss out on them. A current agreement will cover any new provisions requiring business owners to pass on opportunities, invest in new ventures, or even dissolve the company. By staying on top of these updates, your business can leverage new developments to its benefit and streamline operations.
Fourthly, updating your operating agreement can help you manage risk better. Any changes to the business’s structure, ownership, or objectives can create new risks, and your operating agreement should adapt to minimize those risks. For example, if your business involves increasingly sensitive information, the operating agreement might need to include confidentiality provisions or cybersecurity protocols. Regular updates will ensure that your business remains protected against relevant risks.
Finally, an updated operating agreement shows that you run a professional and legally compliant business. Customers or clients want to feel confident about doing business with an entity that has its paperwork in order. A lack of an updated operating agreement can create doubt and mistrust in their minds, leading them to conduct business elsewhere. An up-to-date agreement will reassure customers and even attract potential investors, which is vital for business growth.
Remember, keeping your operating agreement up to date is essential for ensuring your business’s success. An updated agreement can help prevent disputes, keep your business compliant with FinCen’s regulations, and help take advantage of new commercial opportunities. It can also help you better manage risk and project a professional image to potential clients and investors. If you need help updating or drafting an operating agreement, we recommend seeking the advice of a legal professional. By doing so, you can safeguard your business by ensuring that your operating agreement is properly updated, compliant, and tailor-made to your specific needs.
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Law 4 Small Business (L4SB). A Slingshot company.
Author: Larry Donahue
Larry Donahue is a managing member of the firm, with 30-years of experience as an attorney with a focus on Internet law, intellectual property, corporate law, and contracts. Larry leads the firm’s Internet sales efforts. He is licensed in the states of Illinois and New Mexico, as well as at the United States Patent and Trademark Office (USPTO).
