Every LLC that is registered in the states of California, Delaware, Maine, Missouri, and New York is legally required to have an operating agreement.
Having an operating agreement for a single-member LLC helps demonstrate the legal separation between the business and the owner, reinforcing the member's personal limited liability protection in the event of a lawsuit against the company.
How to create an LLC operating agreement in 9 steps Decide between a template or an attorney. Include your business information. List your LLC's members. Choose a management structure. Outline ownership transfers and dissolution. Determine tax structure. Gather LLC members to sign the agreement. Distribute copies.
Contents How to get an Arizona LLC in 7 steps. Name your Arizona LLC. Choose your statutory agent. Prepare and file articles of organization. Create an operating agreement. Complete publication requirements. Get an Employer Identification Number and open a business bank account. Register for taxes and Arizona business licenses.
The state of Arizona does not require an LLC Operating Agreement, but it may still be recommended for many LLCs. Without an Operating Agreement, disputes are governed by the default LLC operating rules outlined in Arizona law (AZ Rev Stat § 29-3105).
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.
No, Arizona doesn't require LLCs to have an operating agreement—but it's a good idea to have one. Without your own operating agreement, your business will be governed by the statutes listed in the Arizona LLC Act (ALLCA).
Their absence can lead to governance by default state laws, management, and financial disorganization, and increased legal vulnerabilities. LLCS should draft and maintain an operating agreement tailored to their specific business needs.
Full Transfer: Selling an Arizona LLC Consult your OA first. It should have detailed information about how to handle full transfers and sales to outside entities. Get member approval. Determine the buyer's interest. Draft and execute a buy-sell agreement with the buyer.
If you do not have an operating agreement, you will have to follow Arizona's default rules as mentioned in Arizona Revised Statute § 29-3602. ing to the default provisions, a member of an LLC can be removed with the affirmative vote or unanimous consent of all the other members.