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While it is not a requirement for forming a partnership, it is an important document that can help prevent misunderstandings and disputes in the future.
Aside from formation requirements, the main difference between a partnership and an LLC is that partners are personally liable for any business debts of the partnership -- meaning that creditors of the partnership can go after the partners' personal assets -- while members (owners) of an LLC are not personally liable
A domestic LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 and elects to be treated as a corporation.
An LLC partnership agreement (also called an LLC Operating Agreement) lays the ground rules for operating a Limited Liability Company and protects the legal rights of its owners (called members). It's written by the LLC's members and describes the plans and provisions for the company.
How much does it cost to form an LLC in Alaska? The Alaska Division of Corporations charges $250 to file the Articles of Organization. You can reserve your LLC name with the Alaska Division of Corporations for $25.
How to Start an LLC in AlaskaName Your Alaska LLC.Choose Your Registered Agent.Determine your NAICS Code.Prepare and File Articles of Organization.Receive a Certificate From the State.Obtain an Alaska Business License.Create an Operating Agreement.Get an Employer Identification Number.
There is no requirement for an LLC to have an operating agreement in the State of Alaska, however, it is highly recommended as it is the only document that states the ownership (important for multi-member companies) along with other valuable business information.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, and which means someone could sue to go after you without there being any shield to protect your personal assets.
This agreement can be implied, written, or oral. If you're formingor have formedan 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.