The state of Minnesota does not require an LLC Operating Agreement, but it may still be recommended for many LLCs.
For multi-member LLCs, each member will have an ownership stake. One of the main differences between these two structures is that two or more people cannot own a single-member LLC, unless you're married in a community property state, and a single person cannot own a multi-member LLC.
A limited liability company (LLC) is a business entity type that can have more than one owner. These owners are referred to as “members” and can include individuals, corporations, other LLCs, and foreign entities. Most states do not restrict LLC ownership, and there is generally no maximum number of members.
How To Form Your Multi-Member LLC? Choose a state of formation. Pick a name and reserve it with your state before filing your LLC (optional) Nominate a registered agent. Decide if the LLC is member-managed or manager-managed. Draft an operating agreement. Apply for EIN. Open a bank account.
To split ownership interest in an LLC, you will need to draft an LLC operating agreement. This operating agreement document will outline how profits and losses are divided among members and other controlling provisions such as voting rights and management structure.
Depending on the situation, either option will have advantages and disadvantages. The number of owners in and of itself may not indicate the ideal choice. Sometimes, single business owners find it more beneficial to form a multiple-member LLC (for example, by making a spouse or other relative an additional member).
Setting up a Multi-Member LLC: Step-by-step Choose your LLC Name. Choose your LLC Registered Agent. File your LLC Articles of Organization. Create an LLC Operating Agreement. Get an EIN for an LLC. Register for Business Licenses and Permits. Register for and file LLC Taxes (like sales tax, business tax, etc.)
Once you (and the other LLC Members, if applicable) sign the Operating Agreement, then it becomes a legal document. Can I write my own Operating Agreement? Yes, but we recommend using an Operating Agreement template. An Operating Agreement is a legal document.
A Minnesota LLC isn't legally obligated to have an operating agreement. Minnesota Statute § 322C. 0110 outlines what an operating agreement may cover but doesn't state that LLCs must have one.
Setting up a Multi-Member LLC: Step-by-step Choose your LLC Name. Choose your LLC Registered Agent. File your LLC Articles of Organization. Create an LLC Operating Agreement. Get an EIN for an LLC. Register for Business Licenses and Permits. Register for and file LLC Taxes (like sales tax, business tax, etc.)