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Chapter 26

Form 26-1

Sample Family Office Operating Agreement

Article 1

Formation and Purpose

1.1      Formation.      [Entity name] (the “Company”) is a Texas [entity type] formed under the Texas Business Organizations Code.

1.2      Purpose.      The Company is organized exclusively to provide investment management services to family clients as defined under section 275.202(a)(11)(G)–1 of title 17 of the Code of Federal Regulations, managing family assets through securities investments, real estate, and other capital investments.

1.3      Family Office Status.      The Company qualifies for exemption under section 275.202(a)(11)(G)–1 of title 17 of the Code of Federal Regulations and shall serve only fam­ily clients who are lineal descendants of [insert common ancestor name]. The Company shall not hold itself out to the public as an investment adviser.

Article 2

Compliance Requirements

2.1      Family Client Restriction.      The Company shall provide investment advisory services exclusively to family clients as defined under section 275.202(a)(11)(G)–1 of title 17 of the Code of Federal Regulations.

2.2      No Public Marketing.      The Company shall not advertise, market, or solicit investment advisory services to the general public.

2.3      Family Relationship Documentation.      The Company shall maintain current documenta­tion evidencing all members’ family relationships to the common ancestor, [insert common ancestor name].

   
FAMILY OFFICE MEMBERS:

   
[Name of family member]

   
[Name of family member]