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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.
Similarly, corporations (S corps and C corps) are not legally required by any state to have an operating agreement.
To form a Nevada S corp, you'll need to ensure your company has a Nevada formal business structure (LLC or corporation), and then you can elect S corp tax designation. If you've already formed an LLC or corporation, file Form 2553 with the Internal Revenue Service (IRS) to designate S corp taxation status.
Operating Agreement There is no legal requirement for the form in Nevada, however, it is recommended that one be drafted and reviewed by the managing member(s), and thereafter signed by each member.
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.