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In fact, many legal and business experts consider it a best practice for all Delaware LLCs. Without an Operating Agreement, the LLC defaults to general state laws. The problem is that these might not align with the unique needs and preferences of its members.
Starting an LLC in Delaware will include the following steps: #1: Name Your Delaware LLC. #2: Designate a Registered Agent. #3: File Your Delaware Certificate of Formation. #4: Draft an Operating Agreement. #5: Obtain an Employer Identification Number (EIN)
Delaware 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.
A 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.
Delaware 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.