Chapter 8: Forming a Company

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ARTICLES OF ORGANIZATION:

Articles of organization can be very simple and often can be filed as a single-page document. This document need only conform to the specific elements required in the statute. The following sample Articles of Organization are taken from 5HCC03:

Article 1. Name of Limited Liability Company:

Article 2. Street Address of the Initial Registered Office:

Article 3. Name of the Initial Registered Agent at the above Registered Office: Article 4. Management of the Limited Liability Company shall be vested in:

( ) a manager or managers

OR

( ) its member(s).

Article 5. ( Name of LLC ) is wholly owned by the Ho-Chunk Nation.

Article 6. ( Name of LLC ) shall not possess the Ho-Chunk Nation’s sovereign immunity from suit, and may sue and be sued.

Article 7. Formation of this Limited Liability Company has been authorized by Ho-Chunk Nation Legislative Resolution _______.

Article 8. Executed on ___(date)________.

Name and complete address of organizer(s):

_____________________

_____________________

_____________________

(Signature(s) of Organizer(s))

This document was drafted by ___________.

OPERATING AGREEMENT

Also known as articles of operation, the operating agreement is the governing document of the company, and often serves as a supplement to the statutory provisions themselves. The operating agreement can change some of the default rules offered in the statute (if permitted by the statute), or can add additional rules or restrictions in areas that are not covered by the statute. As such, operating agreements tend to be rather lengthy, which is why a sample is not included. For a sample of such a document, see the Ho-Chunk Code that is incorporated as an appendix to this document.

Ho-ChunkLLCCode(5HCC03)01.27.09.pdf