Operating Agreement Layering
How the operating agreement becomes the spine of every protection layer above it.
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Lesson 2 / 3
How the operating agreement becomes the spine of every protection layer above it.
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.