Vanta Curriculum

Operating Agreement Layering

How the operating agreement becomes the spine of every protection layer above it.

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Lesson 2 / 3
Operating Agreement Layering
How the operating agreement becomes the spine of every protection layer above it.
7 min
Sequence of asset protection
Order matters. You first open the bank account under the LLC name, then sign a single-member operating agreement that defines authority, capital, and dissolution terms. Only after the bank account and EIN are live do you layer the privacy trust — adding it earlier creates paperwork gaps that pierce the veil later.
What the operating agreement must contain
For layered protection to hold, the operating agreement needs: spelled-out capital contributions, a clear single-member or trust-as-member clause, separate-equipment language for any asset you plan to move into the trust, and an explicit dissolution trigger. Skipping the agreement is the most common reason founders lose protection in a dispute.