In the event that an LLC does not have a business agreement, the Arizona Limited Liability Company Act regulates all aspects of the business, including members, capital contributions and the withdrawal of a member of the company. In the absence of an enterprise agreement, the retiring member may retain shares in LLC while he is no longer a member of LLC. This means that they can continue to receive distributions as long as the company is in operation with regard to their capital contribution. Distributions include both LLC`s profits and losses, as long as the reliever continues to participate in the company. Having a business agreement and keeping operating records helps establish the separation of the business from the owner for liability and tax purposes. If you don`t have an operating contract, it will be more difficult to show that your business is separate from you. This is essential, especially when there is a question of responsibility. What could go wrong if you and your limited liability co-owners decide to operate your LLC without an operating contract? Under Arizona law for LLC companies, an enterprise agreement is not required. This does not mean that an enterprise agreement is not highly recommended. An enterprise agreement is an oral or written agreement that describes how the business is operated, the structure of the business and the distribution of profits and losses. Although oral agreements are recognized in Arizona, they can be difficult to prove and a written and formal document is preferable. The law states that a member may withdraw from an LLC at any time, provided he announces his resignation in writing.
The member is entitled to the return of his contribution at the time of the retraction. However, if there is an enterprise agreement and he withdraws, he violates the provisions of the document, so that the outgoing member may lose his right to return his capital contribution. The company then has the right to recover damages from the member in the event of an infringement. Once you have decided to set up your Limited Liability Company (LLC), it is advisable to establish an LLC corporate agreement.