member LLC (an LLC with only one owner) can be either managermanaged or membermanagedit's up to the owner.
The 5 states requiring an operating agreement are California, Delaware, Maine, Missouri, and New York.
Illinois state law doesn't require an operating agreement. Statute § 805 ILCS 180/15-5 states that LLC members may enter into an operating agreement but doesn't require them to do so.
And while most states do not require LLCs to have a written operating agreement, having the agreement in writing can reduce uncertainties and is generally recommended.
Five states require that LLCs operating agreements: California, Delaware, Missouri, New York, and Maine.
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.
Every LLC that is registered in the states of California, Delaware, Maine, Missouri, and New York is legally required to have an operating agreement.
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.
Why do you need an operating agreement? To protect the business' limited liability status: Operating agreements give members protection from personal liability to the LLC. Without this specific formality, your LLC can closely resemble a sole proprietorship or partnership, jeopardizing your personal liability.