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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.
The state of Alaska doesn't require LLCs to keep an operating agreement. As stated in AK Stat § 10.50. 095, an LLC ?may adopt an operating agreement? for the company, but it doesn't have to.
Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...
For fees and tax purposes, the LLC is probably your best choice. An Alaska LLC will only get taxed once, in the form of personal income taxes for each member. An Alaska Corporation will be subject to double taxation: first through a state corporate tax, and second on the individual tax returns of shareholders.
Although most states do not require the creation of an operating agreement, it is nonetheless regarded as a critical document that should be included when forming a limited liability company. Once each member (owner) signs the document, it becomes a legally binding set of regulations that must be followed.
A change in the ownership in the business requires a new business license (form 08-4181). For more information regarding business licensing, go to: .BusinessLicense.Alaska.Gov and click on Changes to Business Licenses FAQs. Online filing is not available for this form. Submit this form by fax or mail.
How do you dissolve an Alaska limited liability company? To dissolve your LLC in Alaska, you must provide the completed Articles of Dissolution Limited Liability Company form, in duplicate, to the Division of Corporations, Business, and Professional Licensing by mail, fax or in person.
Alaska LLC Cost. Alaska's state fee for forming an LLC is $250. On top of that, you'll need to pay $100 every other year to file a biennial report. The state is currently waiving the state business license fee, but that could change.