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Your California LLC Operating Agreement doesn't need to be notarized. Once you (and the other LLC Members, if applicable) sign the Operating Agreement, then it becomes a legally binding document for all of you.
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).
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.
California does not require an SMLLC to have an operating agreement. However, even though an SMLLC has just one member, an operating agreement is highly recommended. An SMLLC operating agreement does not need to be filed with the state.
Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.
Too often, founders rush to form the LLC without having a suitable written operating agreement in place. The operating agreement can state that the members will form an LLC within a certain period or when certain milestones are achieved, and that if those events don't transpire, then the agreement is terminated.
The form and contents of operating agreements vary widely, but most will contain six key sections: Organization, Management and Voting, Capital Contributions, Distributions, Membership Changes, and Dissolution.
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.
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.