Treat amendments as part of the agreement
An amendment can replace or modify a provision in the original Operating Agreement, so reviewing only the original may give an outdated picture.
WOSB Operating Agreement amendments
Amendments can change ownership, voting, manager authority, transfer rights, or other terms that affect the WOSB review. A current document package should not leave material amendments out.
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An amendment can replace or modify a provision in the original Operating Agreement, so reviewing only the original may give an outdated picture.
Changes to member percentages, classes, distributions, or transfer rights can affect whether the ownership terms remain consistent.
Manager appointments, voting thresholds, consent rights, or veto provisions can materially change who controls the LLC.
Review signatures, effective dates, amendment numbering, and whether later amendments supersede earlier provisions.
WOSB requirements are governed by SBA rules and current application instructions. Always follow the latest official guidance for your facts and business structure.
Related WOSB guidance
FAQ
Generally focus on executed governing documents and applicable amendments requested by SBA, not informal drafts. Follow the current application instructions.
Determine which provision is currently effective and make sure the complete document package clearly supports the current ownership and control structure.
The application should accurately reflect the current legal structure as of submission, and the governing documents should support that structure.
Run a free preflight for missing items, inconsistencies, signatures, dates, ownership, and control issues.
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