Free New Mexico Operating Agreement Form Open Editor Here

Free New Mexico Operating Agreement Form

The New Mexico Operating Agreement form is a legal document that outlines the management structure and operational procedures of a limited liability company (LLC) in New Mexico. This form serves as a foundational agreement among members, detailing their rights, responsibilities, and the distribution of profits and losses. Understanding this document is crucial for ensuring compliance with state regulations and fostering clear communication among members.

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In the realm of business formation, particularly for limited liability companies (LLCs) in New Mexico, the Operating Agreement plays a crucial role in defining the internal structure and operational guidelines of the entity. This document serves as a foundational blueprint, outlining the rights and responsibilities of members, management structure, and procedures for decision-making. It addresses key aspects such as capital contributions, profit distribution, and the process for adding or removing members. By establishing clear expectations and protocols, the Operating Agreement helps to minimize conflicts and misunderstandings among members. Furthermore, it can include provisions for dispute resolution and the eventual dissolution of the company, ensuring that all parties are on the same page. Having a well-drafted Operating Agreement is not just a legal formality; it is an essential tool for fostering transparency and cooperation within the LLC, ultimately supporting its long-term success.

Example - New Mexico Operating Agreement Form

New Mexico Operating Agreement Template

This Operating Agreement is designed to guide the operations of __________ LLC, a limited liability company organized under the laws of the State of New Mexico. This agreement is in compliance with the New Mexico Limited Liability Company Act.

Article 1: Name and Principal Address

1.1 The name of the Limited Liability Company is __________ LLC.

1.2 The principal address of the LLC is __________, New Mexico.

Article 2: Members

2.1 The LLC is owned by the following member(s):

  • Name: __________, Ownership Percentage: __________%
  • Name: __________, Ownership Percentage: __________%

Article 3: Purpose

3.1 The purpose of the LLC is to conduct any lawful business for which limited liability companies may be organized under New Mexico law.

Article 4: Duration

4.1 The duration of the LLC is perpetual unless dissolved according to this agreement or under applicable New Mexico law.

Article 5: Taxation

5.1 The LLC elects to be taxed as __________ (e.g., sole proprietorship, partnership, corporation).

Article 6: Management Structure

6.1 The LLC is managed by:

  • Member-Managed, where all members participate in day-to-day operations.
  • Manager-Managed, where designated manager(s) are responsible for the LLC's operations.

6.2 If manager-managed, the manager(s) are:

  • Name: __________, Title: __________
  • Name: __________, Title: __________

Article 7: Duties of Members and Managers

7.1 Members and managers must act in the best interest of the LLC and are obligated to avoid conflicts of interest.

Article 8: Contributions

8.1 Each member has contributed the following capital:

  • Member Name: __________, Contribution: $__________
  • Member Name: __________, Contribution: $__________

Article 9: Distributions

9.1 Profits and losses shall be allocated, and distributions made to the members as follows:

  • In accordance with each member’s ownership interest
  • As determined by a unanimous vote of the members

Article 10: Changes to the Agreement

10.1 Any changes to this Operating Agreement must be made in writing and agreed upon by all members.

Article 11: Dissolution

11.1 The LLC may be dissolved upon the agreement of __________% of the voting interest of the members.

Article 12: Governing Law

12.1 This Operating Agreement and the operation of the LLC are governed by the laws of the State of New Mexico.

In witness whereof, the members have executed this Operating Agreement on the date __________.

Signatures

Member Name: __________, Signature: __________, Date: __________

Member Name: __________, Signature: __________, Date: __________

Document Properties

Fact Name Description
Purpose The New Mexico Operating Agreement form outlines the management structure and operational procedures of a limited liability company (LLC).
Governing Law This form is governed by the New Mexico Limited Liability Company Act, specifically NMSA 1978, Chapter 53, Article 19.
Members' Rights The agreement specifies the rights and responsibilities of each member, including profit distribution and decision-making processes.
Flexibility New Mexico allows for a flexible structure, meaning members can tailor the agreement to fit their specific needs.
Filing Requirement While the Operating Agreement does not need to be filed with the state, it is recommended to keep it on record for internal use and legal clarity.
Dispute Resolution The agreement can include provisions for resolving disputes among members, which helps to avoid potential conflicts in the future.
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