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).
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).
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.
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.
An operating agreement isn't mandatory.
If you're forming—or have formed—an LLC in California, New York, Missouri, Maine, or Delaware, state laws require you to create an LLC Operating Agreement. But no matter what state you're in, it's always a good idea to create a formal agreement between LLC members.
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.
Increased Legal Vulnerability: An operating agreement strengthens the LLC's limited liability status, protecting your personal assets from business debts. Without it, there's a higher risk of personal liability for business obligations if the LLC is sued.
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.
No. Colorado state law does not require you to create and maintain an operating agreement for your LLC. However, you'll want to have an operating agreement for many aspects of running a business. Banks, landlords and investors will want to see proof of ownership when you deal with them.