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No, it's not legally required in Alabama under § 10A-5A-1.08. Single-member LLCs need an operating agreement to preserve their corporate veil and to prove ownership. And multi-member LLCs need one to help provide operating guidance, determine voting rights and contributions.
The operating agreement should include the following: Basic information about the business, such as official name, location, statement of purpose, and registered agent. Tax treatment preference. Member information. Management structure. Operating procedures. Liability statement. Additional provisions.
How much does an LLC in Alabama cost per year? All Alabama LLCs need to pay $50 per year for the Annual Report and Alabama Business Privilege Tax. These state fees are paid to the Department of Revenue. And this is the only state-required annual fee.
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 ...
Ing to Alabama Code 10A-5A-1.08, LLCs are not required to have an operating agreement. That said, having a well-drafted operating agreement on hand is essential for many aspects of your business.
Starting an LLC in Alabama will include the following steps: #1: Reserve Your LLC Name With the Alabama Secretary of State. #2: Designate a Registered Agent. #3: File a Certificate of Formation.