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No. Though California law requires you to have an Operating Agreement for your LLC, it doesn't require you to file it anywhere. Your California Operating Agreement is an internal document.
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.
How to Form an LLC in CaliforniaStep 1 Articles of Organization/Application to Register a Foreign LLC.Step 2 Attach Filing Fee.Step 3 Initial Report and Annual Franchise Tax.Step 4 Operating Agreement.Step 5 Employer Identification Number (EIN)
A California LLC operating agreement is a legal document that is not only used to establish a member-managed business but to also assist in the protection of the members' personal assets (i.e., members' homes, cars, and even family savings).
No. Though California law requires you to have an Operating Agreement for your LLC, it doesn't require you to file it anywhere. Your California Operating Agreement is an internal document.
All LLC's should have an operating agreement, a document that describes the operations of the LLC and sets forth the agreements between the members (owners) of the business. An operating agreement is similar to the bylaws that guide a corporation's board of directors and a partnership agreement.
Though California law requires you to have an Operating Agreement for your LLC, it doesn't require you to file it anywhere. Your California Operating Agreement is an internal document.
In absence of such provision in the operating agreement, the revised RULLCA require unanimous consent of the members to (1) sell, lease, exchange or dispose of substantially all assets of the company, (2) approve a merger or conversion, or (3) undertake any acts outside the ordinary course of the company's activities.
Operating agreements may, and often should, deviate from many of the default rules. California LLCs are not required to have operating agreements, but it is recommended that they do, even for single member-managed companies.