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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.
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.
Your Delaware LLC operating agreement is a legal document that outlines important operating procedures for your company, like voting, membership interest, allocating profits and losses, management structure, and?if it ever comes to this?dissolution.
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.