Illinois' amended Limited Liability Company Act permits single member LLCs. This feature offers some unique opportunities to the sole proprietor. The big difference is, the LLC is a recognized legal entity for purposes of state law. It provides a liability shield like a corporation, but with far less formality.
While not a legal requirement in Illinois, it's highly recommended. An operating agreement provides a legal framework for your business and can be invaluable in legal disputes or when dealing with creditors, even for single-member 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.
Why do you need an operating agreement? To protect the business' limited liability status: Operating agreements give members protection from personal liability to the LLC. Without this specific formality, your LLC can closely resemble a sole proprietorship or partnership, jeopardizing your personal liability.
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.
Meets State Requirements Some states, such as California, Delaware, Maine, Missouri, and New York, require LLCs to have operating agreements. It may jeopardize your corporate status with those states if you don't. And therefore, your liability protection is at risk.
Illinois state law doesn't require an operating agreement. Statute § 805 ILCS 180/15-5 states that LLC members may enter into an operating agreement but doesn't require them to do so.
The other option is to hire an attorney to draft your operating agreement. This helps ensure you address all the important elements that can be difficult to navigate on your own, such as legal procedures and tax considerations.
What To Include in a Single-Member LLC Operating Agreement Name of LLC. Principal Place of Business. State of Organization/Formation. Registered Office and Registered Agent. Operating the LLC in Another State (Foreign LLC) Duration of LLC. Purpose of LLC. Powers of LLC.
What To Include in a Single-Member LLC Operating Agreement Name of LLC. Principal Place of Business. State of Organization/Formation. Registered Office and Registered Agent. Operating the LLC in Another State (Foreign LLC) Duration of LLC. Purpose of LLC. Powers of LLC.