The 5 states requiring an operating agreement are California, Delaware, Maine, Missouri, and New York.
A California LLC Operating Agreement is a written contract between the LLC Members (LLC owners). This legal document includes detailed information about LLC ownership structure, who owns the company and how the LLC is managed.
Ing to VA Code § 13.1-1023 (2019), an operating agreement isn't actually required in Virginia—and if you have one, it “need not be in writing.” But don't be fooled. Having a strong operating agreement—on paper—is essential for your LLC.
Is an LLC Operating Agreement required in the state of Virginia? The state of Virginia does not require an LLC Operating Agreement, but it may still be recommended for many LLCs.
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 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.
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.
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.