Common Mistakes to Avoid in Your LLC Operating Agreement Overlooking the Need for an Operating Agreement. Vague or Incomplete Agreements. Failing to Plan for Disputes and Dissolution. Ignoring State-Specific Requirements. Inconsistency with Other Business Documents. Not Updating the Agreement. DIY without Professional Advice.
Utah state law does not require LLCs to adopt a written operating agreement. However, any good lawyer will recommend that you create a written operating agreement as one of the first actions of starting your Utah LLC.
Decide between a template or an attorney The first step in creating your operating agreement involves determining whether you'll draft it yourself or hire an attorney to do it for you. If you have a single-member LLC, you may decide to create it on your own using a template.
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.
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.
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.
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.
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.
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.
Utah state law does not require LLCs to adopt a written operating agreement. However, any good lawyer will recommend that you create a written operating agreement as one of the first actions of starting your Utah LLC.