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A Delaware LLC operating agreement is required under State law that sets the rules and ownership of a company. The agreement can be written, oral, or implied, although it is highly recommended to be in writing. It should be signed by all members (owners) of the company and kept in a safe and accessible place.
The Delaware LLC Operating Agreement is a private company document. Delaware does not require LLCs to file the Operating Agreement with the Secretary of State's office or any other agency.
Under Delaware law, members can form an LLC without having to place their name on any public documents?eliminating the paper trail. But while many believe Delaware offers this same comprehensive anonymity to corporations, this is actually not the case.
The members are not listed on the Delaware Division of Corporations' website as they are in some other states. The names and contact information of members are typically only kept in the Operating Agreement, which is not publicly filed.
The Delaware LLC certificate of formation does not require listing the members and managers, thus making it relatively private.
The public can obtain any Delaware company's Certificate of Incorporation simply by contacting the state and paying a fee; however, whether or not the public can ascertain the person/people behind the company depends on which, and how much, information appears on the Certificate of Incorporation.
Operating agreements are deemed internal documents. These documents should be kept confidential and not be made public in any way. Delaware Business Incorporators, Inc.
LLC & Corporation Public Records These documents can be viewed on the Delaware public record from the first day the company is formed and will remain on the Delaware public record for the life of the company.