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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.
To start an LLC in Alaska, you'll need to choose an Alaska registered agent, file business formation paperwork with the Alaska Division of Corporations, and pay a $250 state filing fee.
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.
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 ...
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.
To start a corporation in Alaska, you'll need to do three things: appoint a registered agent, choose a name for your business, and file Articles of Incorporation with the State of Alaska Corporations Section. You can file the document online or by mail. The Articles of Incorporation cost $250 to file.
Alaska does not require an LLC to create an operating agreement.
Do you need an operating agreement in Alaska? No, it's not legally required in Alaska under § 10.50. 095. Single-member LLCs need an operating agreement to preserve their corporate veil and to prove ownership.