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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.
Follow these five steps to start a Michigan LLC and elect Michigan S corp designation: Name Your Business. Choose a Resident Agent. File the Michigan Articles of Organization. Create an Operating Agreement. File Form 2553 to Elect Michigan S Corp Tax Designation.
The default federal tax status for a single-member limited liability company (SMLLC) is disregarded entity. However, the owner of an SMLLC can elect to have the business taxed as either a traditional C corporation or as an S corporation. An S corporation is a special type of small, closely-held corporation.
Similarly, corporations (S corps and C corps) are not legally required by any state to have an operating agreement.
Key Components of an S-Corp Operating Agreement Identification of Parties. ... Management Structure. ... Ownership and Equity. ... Shareholder Rights and Obligations. ... Distributions and Allocations. ... Financial Matters. ... Meetings and Decision-Making. ... Amendments and Dissolution.