An S Corporation operating agreement is a critical document outlining the rights, responsibilities, and expectations of shareholders, directors, and officers.
Every LLC that is registered in the states of California, Delaware, Maine, Missouri, and New York is legally required to have an operating 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.
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.
The state of Minnesota does not require an LLC Operating Agreement, but it may still be recommended for many LLCs.
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.