In states such as California, Delaware, Maine, Missouri and New York, it is mandatory to include this document during the creation process. While most other states do not insist on hosting it, it is still considered smart to design an enterprise contract, as it protects corporate status, is useful in times of misunderstanding and helps with the execution of business according to the rules you have established. The main advantage of the statutes is the legal protection it offers for your personal wealth, since this document separates commercial assets from the assets of companies. The statutes are often filed with the Secretary of State, with a registration fee of about $50 to $300. Limited liability companies are based on enterprise agreements for purposes other than those that use their items. Enterprise agreements are more comprehensive to describe management plans, voting rights and profit and loss allocations. For companies, these key points are defined in the company`s statutes and not in the statutes. Companies that do not sign an enterprise agreement are covered by the standard rules established by the states. In this case, the rules imposed by the state will be very general and may not be correct for all companies. For example, in the absence of an enterprise agreement, some states may decide that all profits of an LLC are shared equally by each partner, regardless of the capital contribution of each party.
An agreement can also protect partners from personal liability when it acts as an individual company or as a partnership. The statutes are also different from an enterprise agreement. The statutes are important for legally establishing the company in a given state, as well as the identification of its business information and the issuance of corporate shares. Enterprise agreements are similar in function and form, because they contain similar information about the company, such as its name, purpose and how it will work, management, etc. However, they differ in that the Secretary of State must present a statute. You register the business as a separate legal entity, with the exception of the owners of the business. In most cases, LCs do not require enterprise agreements. They are also much more detailed than the statutes. All statutes allow an LLC to adopt a business agreement and give full strength and effect to the operating contract. The enterprise agreement will only apply to those who are parties to the agreement. It is therefore extremely important that all members of an LLC sign the enterprise agreement.
Similarly, companies (S Corps and C Corps) are not legally required by any state to have an enterprise agreement, but experts advise the owners of these companies to establish and execute their version of an enterprise agreement called «statuses». Depending on the type of business you have (LLC, S Corporation, C Corporation) and the state in which you live, you may legally be required to file an operating contract. For example, any LLC that operates in California, Delaware, Maine, Missouri or New York is legally required to submit an LLC enterprise agreement. Although LCs in the other 45 states are not legally required to have an enterprise agreement, it is highly recommended.