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Instead of using an operating agreement, which is specific to an LLC, an S corporation will rely on its corporate bylaws and articles of incorporation. All states require S corporations to use articles of incorporation. However, corporate bylaws are not required in every state.
Draft the Operating Agreement These documents should include the roles and rights of the shareholders, how decisions are made, and how profits and losses are distributed. Additionally, the agreement should contain provisions to handle changes in ownership, dissolution, and dispute resolution.
Instead of using an operating agreement, which is specific to an LLC, an S corporation will rely on its corporate bylaws and articles of incorporation. All states require S corporations to use articles of incorporation. However, corporate bylaws are not required in every state.
An LLC is a legal business structure while S corporation is a tax classification that's available to some small businesses. Both LLCs and corporations can elect S-corp taxation by filing a form with the IRS. When starting a business, it's important to evaluate your options from both a legal and a tax perspective.
Follow these five steps to start an Arkansas LLC and elect Arkansas S corp designation: Name Your Business. Choose a Registered Agent. File the Arkansas Certificate of Organization. Create an Operating Agreement. File Form 2553 to Elect Arkansas S Corp Tax Designation.