The 5 states requiring an operating agreement are California, Delaware, Maine, Missouri, and New York.
Georgia state law doesn't require you to have an operating agreement, but it does give “maximum effect” to freedom of contract, so a strong operating agreement can give you a lot of control over your LLC in this state.
A typical LLC operating agreement is a 10- to 20-page contract document which sets up guidelines and rules for the LLC. In states such as California, Missouri, and New York, it is mandatory to include this document during the incorporation process.
The operating agreement is a legally binding document that is filed internally and kept at the business's physical location. The operating agreement is not filed with the state.
Georgia state law doesn't require you to have an operating agreement, but it does give “maximum effect” to freedom of contract, so a strong operating agreement can give you a lot of control over your LLC in this state.
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.
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.
Ask a Fellow Co-Owner. Each principal in an LLC should have a copy of the operating agreement and can provide you with one if yours has been misplaced. In fact, the operating agreement itself may include language regarding the responsibility of each company officer to provide copies of documents upon request.