question.jpgIn Business Law

How can an LLC amend its operating agreement?

An LLC operating agreement can generally be amended by the company’s members and managers. The original LLC operating agreement generally includes provisions which detail precisely how such amendments can be passed. The process should be similar to amending the articles of organization (that is, proposing the amendments and then having the members and/or managers approve them at a meeting or with written consent). Since operating agreements are not generally filed with the secretary of state, any amendments to the operating agreement need to be filed. Thus, amendments become legally valid as soon as they are adopted (as opposed to amendments to the articles of organization, which are not legally valid and effective until filed with and accepted by the secretary of state).