While not always legally required, operating agreements play a critical role in the smooth operation, legal protection, and financial clarity of LLCs. Their absence can lead to governance by default state laws, management, and financial disorganization, and increased legal vulnerabilities.
A multiple-member LLC can file as a corporation. Though most LLCs with more than one member file partnership returns (Form 1065), they can file as corporations by submitting Form 8832.
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.
It is a user's guide that defines their various rights of ownership, management, decision participation, and under what circumstances they may transfer their ownership interest in the organization. An operating agreement is optional, and authorized by the North Carolina Limited Liability Company Act (“the Act”).
An operating agreement is optional, and authorized by the North Carolina Limited Liability Company Act (“the Act”). When an LLC is formed, rights of owners (called “members”) are governed by the Act until such time as all of the initial owners adopt an operating agreement.
Perhaps you live in one of the five states (California, New York, Maine, Delaware and Missouri) that require you to file an operating agreement if you intend to form a Limited Liability Corporation (LLC).
Look through your files dating back to the business formation, and check your personal financial records (for example, your tax records) for a copy of the agreement.
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.