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.
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.
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.
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.
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.
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.
LLC operating agreements usually provide much more information, and almost all the provisions for how the business will be managed, and the rights, duties, and liabilities of members and managers are contained in the operating agreement. An operating agreement is a private document.