Call Now For A Consultation (786) 882-7569
·
Mon - Fri 09:00 am - 6:00 pm
·

Operating Agreements Lawyer in Miami

Beach in Miami, Jessica Portalatin on the forefront

Operating Agreements Lawyer in Miami

At Portalatin Business Law Firm, we help Miami business owners protect their companies with operating agreements that clearly define ownership, management authority, and financial rights. 

Our agreements are tailored to your business structure, aligned with Florida law, and designed to prevent disputes before they arise. We offer flat-fee pricing and multilingual service in English, Spanish, and Portuguese, making the process clear and predictable from start to finish.

Miami is one of the most active business hubs in Florida. According to data from the Florida Department of State, South Florida accounts for a significant share of new LLC formations each year, with Miami-Dade County seeing tens of thousands of new filings annually. This growth is driven by real estate investment, trade,  and startup activity.

As more businesses form, disputes between partners, investors, and members are becoming more common. Many of these issues stem from unclear or incomplete operating agreements.

 
Lawyers discussing contract and legal documents

What Is an Operating Agreement?

An operating agreement is the legal document that governs how an LLC operates internally. It outlines who owns the company, who manages it, how decisions are made, and how profits and losses are distributed.

If an LLC in Miami does not have a written operating agreement, Florida’s default rules under Chapter 605 apply automatically. 

According to Florida law, these default provisions control voting rights, management authority, and distributions even if the members intended something different. In many cases, those statutory defaults do not reflect how the business actually operates.

A well-drafted operating agreement typically addresses:

  • Ownership percentages and capital contributions
  • Management structure and voting authority
  • Profit and loss distribution
  • Member duties and restrictions
  • Buyout and exit provisions
  • Dispute resolution procedures
  • Succession or dissolution planning

Banks, investors, and courts routinely rely on operating agreements to determine rights and responsibilities within an LLC.

 

Our Operating Agreement Services in Miami

  • Draft custom operating agreements
  • Review existing operating agreements
  • Amend and restate outdated agreements
  • Define management and voting structures
  • Draft capital contribution provisions
  • Prepare buyout and exit clauses
  • Draft dispute resolution provisions
  • Draft agreements for foreign-owned LLCs
  • Coordinate with accountants and tax advisors
Contract Lawyers icon

Why Miami LLCs Need an Operating Agreement

Miami businesses often involve multiple partners, foreign investors, or family members with different expectations. Without a clear operating agreement, even minor disagreements can escalate into legal conflicts.

Business litigation trends in Miami-Dade County show that many LLC disputes arise from unclear profit distribution terms, management authority, or investor exit rights. These disputes are especially common in multi-member LLCs.

In addition, most Florida banks and commercial lenders require a written operating agreement before opening a business account or approving financing. Miami’s banking environment also involves heightened scrutiny for compliance and ownership clarity, particularly for foreign-owned companies.

An operating agreement gives Miami business owners control over their company instead of leaving critical decisions to default state law.

 

Our Operating Agreement Process for Miami Businesses

Step 1: Business Discovery

We learn how your Miami LLC is structured and identify potential risk areas.

Step 2: Custom Drafting

We prepare a tailored operating agreement aligned with Florida law and your business goals.

Step 3: Clear Review

We explain each section in plain language so all members understand how the agreement works.

Step 4: Finalization

You receive a complete, enforceable operating agreement ready for execution.

Step 5: Ongoing Support

We assist with amendments, new members, or restructuring as your business evolves.

 
What Does a Contract Attorney Do

Why Clients Choose Portalatin Business Law Firm

Miami business owners choose our firm because we combine legal precision with practical business insight.

  • Flat Fee Pricing so you know the cost upfront
  • Multilingual Service in English, Spanish, and Portuguese
  • Business First Approach aligned with real-world operations
  • Clear Communication without legal jargon
  • Preventive Focus designed to avoid disputes and disruptions

Our goal is not just compliance, but long-term stability for your business.

 
Jessica Portalatin

Local Resources for Miami Business Owners

Miami entrepreneurs commonly interact with:

  • Florida Department of State Division of Corporations (Sunbiz)
  • Miami-Dade County Business Tax Receipt Office
  • City of Miami Business Licensing Division
  • Small Business Development Centers serving South Florida

These resources support formation and compliance. Your operating agreement is what protects your internal structure.

 

Schedule a Consultation

If you are forming an LLC in Miami or need to strengthen an existing operating agreement, Portalatin Business Law Firm is ready to help. 

We provide flat-fee operating agreement services with clear communication and practical guidance tailored to Miami businesses. To get started, call or visit our contact page to schedule your consultation and protect your company with a solid legal foundation.