Exceptions: It's worth noting that five states—California, Delaware, Missouri, New York, and Maine—require an LLC to have an operating agreement. However, this is not the norm for most states where you can set up and run an LLC without a formal agreement, but you are running a variety of risks by not having one.
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.
Who needs an operating agreement? Every LLC that is registered in the states of California, Delaware, Maine, Missouri, and New York is legally required to have an operating agreement.
Yes. California law requires LLCs to create an operating agreement during their initial registration process. The LLC does not have to file the operating agreement with the Secretary of State. Instead, the finished agreement is stored at the company's designated office where its records are kept.
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.
Multi-Member LLC Examples First, consider a husband and wife, Mary and Bill, who want to start a restaurant. Before taking out loans and buying equipment, they decide to form an LLC to protect their personal assets. Because Mary and Bill will share ownership of the business, it's considered a multi-member LLC.
Yes. California law requires LLCs to create an operating agreement during their initial registration process. The LLC does not have to file the operating agreement with the Secretary of State. Instead, the finished agreement is stored at the company's designated office where its records are kept.
Here are the 7 steps you need to take to form an LLC in California. Choose a Name for Your California LLC. Choose a California Registered Agent. Decide on Member vs. File Articles of Organization With the SOS. Prepare an Operating Agreement. File Initial and Biennial Reports. Comply With Other Tax and Regulatory Requirements.
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.
In order to operate, LLCs require real humans (and other entities) to carry out company operations. Operating agreements are legally required for California LLCs.