California. California LLCs are required to have an Operating Agreement.
Look through your files dating back to the business formation, and check your personal financial records (for example, your tax records) for a copy of the agreement.
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 members of an LLC are required to adopt a written Operating Agreement. See Section 417 of the Limited Liability Company Law. The Operating Agreement may be entered into before, at the time of, or within 90 days after the filing of the Articles of Organization.
Operating agreements are not necessarily needed or legally required for setting up or operating an LLC. Some states require LLCs to have a written operating agreement, including California, Delaware, Maine, Missouri, and New York.
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.
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.
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 5 states requiring an operating agreement are California, Delaware, Maine, Missouri, and New York.