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Amendment To Operating Agreement

Amendment To Operating Agreement Template for India

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Amendment To Operating Agreement

"I need an Amendment to Operating Agreement to add two new partners and adjust profit-sharing ratios in our tech consulting firm, with the changes to take effect from March 1, 2025."

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Document background
The Amendment to Operating Agreement is essential when businesses operating in India need to modify their existing operational framework. This document becomes necessary when changes occur in ownership structure, management responsibilities, profit-sharing arrangements, or operational procedures. It must comply with Indian corporate law, including the Companies Act 2013 or LLP Act 2008, and may require filing with the Registrar of Companies. The amendment should clearly reference the original Operating Agreement and specify exactly which provisions are being modified, added, or deleted. It's commonly used during business restructuring, adding or removing members, changing management structures, or updating operational procedures to reflect new business realities.
Suggested Sections

1. Parties: Identification of all parties to the amendment, including the original parties to the Operating Agreement

2. Background: Recitals explaining the existence of the original Operating Agreement and the need for amendment

3. Definitions: Key terms used in the amendment, including reference to definitions in the original Operating Agreement

4. Effective Date: Specification of when the amendments will take effect

5. Amendments: Detailed description of specific modifications to the original Operating Agreement

6. Ratification: Confirmation that all other provisions of the original Operating Agreement remain in full force and effect

7. Governing Law: Confirmation of Indian law as governing law and jurisdiction

8. Execution: Signature blocks and execution formalities as per Indian law

Optional Sections

1. Regulatory Compliance: Section addressing specific regulatory requirements if amendments involve regulated business activities

2. Third Party Consents: Section listing required third-party approvals or consents for the amendments

3. Transition Provisions: Provisions governing the transition period if amendments require operational changes

4. Tax Implications: Section addressing tax consequences of the amendments if they affect ownership or financial structures

5. Dispute Resolution: Modified dispute resolution provisions if different from original agreement

6. Electronic Execution: Provisions for electronic execution if relevant under IT Act 2000

Suggested Schedules

1. Schedule of Amendments: Detailed list of all modifications showing original text and amended text in comparative format

2. Updated Ownership Schedule: If amendments affect ownership structure, updated cap table or ownership information

3. Consent Letters: Copies of any required third-party or regulatory consents

4. Board Resolutions: Copies of board resolutions approving the amendments

5. Member Resolutions: Copies of member/shareholder resolutions approving the amendments if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Technology

Manufacturing

Professional Services

Real Estate

Healthcare

Retail

Financial Services

Construction

Education

Hospitality

Logistics

Agriculture

Energy

Telecommunications

Relevant Teams

Legal

Corporate Affairs

Compliance

Operations

Finance

Company Secretarial

Board of Directors

Executive Leadership

Risk Management

Corporate Governance

Relevant Roles

CEO

Managing Director

Company Secretary

Legal Counsel

Corporate Lawyer

Chief Operating Officer

Chief Financial Officer

Compliance Officer

Business Development Manager

Partner

Director

Board Member

Operations Manager

General Counsel

Managing Partner

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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