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A Virginia limited liability company (LLC) is a business entity that, in part, resembles both a sole proprietorship/partnership and a corporation. An LLC can have one or multiple owners, or ?members,? who share an interest in the business.
An operating agreement may contain any provisions regarding the affairs of a limited liability company and the conduct of its business to the extent that such provisions are not inconsistent with the laws of the Commonwealth or the articles of organization.
Here's a breakdown of the steps you'll need to take in order to create an LLC in VA: Step 1: Name your Virginia LLC. Step 2: Choose a registered agent. Step 3: File articles of organization. Step 4: Create an operating agreement. Step 5: Apply for an EIN. Step 6: Comply with Virginia's tax requirements.
In Virginia, you are not required to have an operating agreement submitted to the Virginia state corporation commission. However, it is still strongly recommended as it provides crucial information that may be helpful in times of disagreement regarding how to operate the LLC.
Without the operating agreement, your state might not acknowledge you as an LLC, which means someone could sue you without there being any shield to protect your personal assets. You've already put in the time and effort to form your LLC to get liability protection.