An operating agreement outlines an LLC’s financial and management structure. Lawyers, not accountants, should draft these legal documents because operating agreements are not filed with the state but are still legal documents that govern the LLC’s internal operations. LLCs need a registered agent and office regardless of location.
Accountants can provide financial insights when drafting an operating agreement, but cannot write one themselves as that constitutes unauthorized legal practice. Attorneys prepare operating agreements when an LLC forms.
Legal Drafting and Accountants
Can accountants draft legal documents? No. Accountants lack the training to draft binding legal documents. Lawyers have training and experience to properly draft legal documents like contracts and operating agreements. It is a felony in Florida to practice law without a license. Accountants can cause harm drafting legal documents.
Technology can connect accounting and legal processes. However, accountants still cannot draft legal documents. Lawyers have specialized skills in legal drafting to accomplish client goals. Follow basic rules when drafting court documents.
Review Processes and Consultation
LLCs should consult lawyers to review drafted operating agreements and ensure nothing is missing before members sign. All members then sign the finalized operating agreement. To start, LLC members meet to discuss needs. Lawyers are consulted to ensure operating agreements meet legal requirements. Show drafts to lawyers before signing to identify missing components.