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No, Florida law does not require an LLC to have an operating agreement. Instead, the LLC must have an Articles of Organization, which is a simple document using a form provided by the Division of Corporations. Still, for most business owners an operating agreement provides clarity and asset protection.
How to Form an LLC in Florida (5 steps)Step 1 Nominate a Registered Agent.Step 2 Entity Type.Step 3 Filing Fee.Step 4 Operating Agreement.Step 5 Employer Identification Number (EIN)
Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.
Doing so requires you to take the following steps:Check to ensure your LLC name is available.Name a registered agent.Decide on the type of entity you want.Pay the filing fee.Craft your operating agreement.Obtain your Employer Identification Number (EIN).
There is no requirement to file the document with the state. A good Operating Agreement can regulate what the rights and duties are for each member and manager, how business decisions are to be made, how the LLC will handle withdrawal of a member, accounting methods, and more.