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Although writing an operating agreement is not a mandatory requirement for most states, it is nonetheless considered a crucial document that should be included when setting up a limited liability company. The document, once signed by each member (owner), acts as a binding set of rules for them to adhere to.
The equivalent of an operating agreement in a corporation is a shareholders agreement, which has many of the similar core provisions as in an operating agreement.
Bylaws are similar to operating agreements, except they're used in corporations (S corporations and C corporations) instead of LLCs, and they often have statutory requirements for the information they include.
Florida doesn't require that you have an Operating Agreement for your Limited Liability Company (LLC), but it is recommended that you have one. When setting up your company, it's beneficial to seek legal advice from a Florida LLC Business litigation attorney.
How to form an LLC Step 1: Choose a state in which to form your LLC. ... Step 2: Choose a name for your LLC. ... Step 3: Choose a registered agent. ... Step 4: Prepare an LLC operating agreement. ... Step 5: File your LLC with your state. Step 6: Obtain an EIN. ... Step 7: Open a business bank account.