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Family LLC Operating Agreement Template for India

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Key Requirements PROMPT example:

Family LLC Operating Agreement

"I need a Family LLC Operating Agreement for our third-generation manufacturing business in Mumbai, with specific provisions for transitioning management to my three children by March 2025 and establishing a family council to oversee major business decisions."

Document background
The Family LLC Operating Agreement is a crucial document for Indian family businesses seeking to formalize their operations while maintaining family control and values. This agreement becomes necessary when family members wish to establish a clear governance structure that balances professional management with family interests, particularly in compliance with Indian corporate law. It typically includes detailed provisions for ownership rights, management responsibilities, profit distribution, succession planning, and dispute resolution mechanisms. The document is especially relevant in the Indian context where family-owned businesses constitute a significant portion of the corporate landscape and must navigate both modern corporate governance requirements and traditional family business practices. The agreement helps prevent potential conflicts by clearly defining roles, responsibilities, and procedures while ensuring compliance with the Companies Act 2013 and other relevant Indian legislation.
Suggested Sections

1. Parties: Identifies all family members and any other parties entering into the LLC agreement

2. Background: Sets out the context of the family business and the purpose of forming the LLC

3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules

4. Formation and Name: Details of LLC formation, registered name, and business purpose

5. Capital Contributions: Initial and subsequent capital contributions by members, valuation methods

6. Membership Interests: Classes of membership, voting rights, and ownership percentages

7. Management Structure: Governance framework, appointment of managers, decision-making processes

8. Members' Rights and Obligations: Details of members' rights, responsibilities, and restrictions

9. Family Governance: Family council structure, family member participation rules, conflict resolution

10. Transfer Restrictions: Limitations on transfer of interests, especially to non-family members

11. Succession Planning: Rules for generational transfer of ownership and management

12. Profit Distribution: Rules for distributing profits, dividends, and handling losses

13. Meetings and Voting: Procedures for member meetings, voting requirements, and quorum

14. Books and Records: Requirements for maintaining financial records and member access rights

15. Dissolution and Winding Up: Procedures for LLC dissolution and asset distribution

16. Governing Law and Jurisdiction: Applicable Indian laws and jurisdiction for dispute resolution

Optional Sections

1. International Operations: Required when family LLC has international business activities or non-resident family members

2. Family Employment Policy: Guidelines for family member employment when the LLC has active business operations

3. Intellectual Property Rights: Needed when family business involves significant IP assets

4. Environmental Compliance: Required for businesses in industries with environmental impact

5. Family Member Training and Development: Guidelines for preparing next generation for business leadership

6. Family Business Values and Ethics: Optional section defining family business principles and ethical standards

7. Dispute Resolution Committee: Detailed structure for handling family business disputes when needed

8. Emergency Management Succession: Contingency plans for unexpected leadership changes

Suggested Schedules

1. Schedule A - Member Details: List of all members with their ownership percentages and contact information

2. Schedule B - Initial Capital Contributions: Detailed breakdown of initial capital contributions by each member

3. Schedule C - Family Council Charter: Detailed rules and procedures for family council operations

4. Schedule D - Valuation Methods: Agreed methods for business valuation in various scenarios

5. Schedule E - Approved Transfer Recipients: List of pre-approved potential transferees of membership interests

6. Appendix 1 - Family Business Constitution: Detailed family business principles and governance guidelines

7. Appendix 2 - Management Structure Chart: Organizational chart showing management hierarchy and reporting lines

8. Appendix 3 - Conflict Resolution Procedures: Detailed procedures for resolving family and business disputes

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


























































Clauses









































Relevant Industries

Manufacturing

Real Estate

Retail

Hospitality

Textiles

Agriculture

Technology

Healthcare

Education

Trading

Construction

Food Processing

Automotive

Pharmaceuticals

Financial Services

Relevant Teams

Legal

Corporate Governance

Family Office

Board of Directors

Executive Management

Compliance

Family Council

Succession Planning

Risk Management

Corporate Secretarial

Business Development

Relevant Roles

Family Business Owner

Managing Director

CEO

Company Secretary

Chief Financial Officer

Legal Counsel

Family Office Manager

Succession Planning Advisor

Corporate Governance Officer

Business Development Director

Family Council Chair

Independent Director

Compliance Officer

Risk Management Officer

Family Business Consultant

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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