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Hear this out loud PauseA Delaware LLC Operating Agreement (aka Limited Liability Company Agreement) is a written agreement or contract between the LLC Members (LLC owners). This legal document includes detailed information about LLC ownership structure, who owns the company and how the LLC is managed.
Delaware's LLC law requires all Delaware LLCs to have an Operating Agreement. Delaware allows the LLC Operating Agreement to be a verbal agreement. However, having a written LLC Operating Agreement is the only way to make the agreement enforceable.
Hear this out loud PauseDelaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.
Hear this out loud PauseA Delaware LLC operating agreement is required under State law that sets the rules and ownership of a company. The agreement can be written, oral, or implied, although it is highly recommended to be in writing. It should be signed by all members (owners) of the company and kept in a safe and accessible place.
What Should be Included in an Operating Agreement? Names, addresses, and titles of each member. Ownership percentages. Member rights and responsibilities. Responsibility, liability, and powers of members and/or managers. Profit and loss distribution. Buying and selling rules. Dissolution instructions. Meeting guidelines.