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Yes. California law requires LLCs to create an operating agreement during their initial registration process. The LLC does not have to file the operating agreement with the Secretary of State. Instead, the finished agreement is stored at the company's designated office where its records are kept.
Domestic LLCs may be managed by one or more managers or one or more members. In addition to filing the applicable documents with the Secretary of State, an operating agreement among the members as to the affairs of the LLC and the conduct of its business is required.
The California Franchise Tax Board does not charge a first-year fee for new businesses formed in the last 15 days of the year. Therefore, a business formed at the end of December will only be responsible for one $800 payment in April.
For tax years beginning on or after January 1, 2021, and before January 1, 2024, LLCs that organize, register, or file with the Secretary of State to do business in California are not subject to the annual tax of $800 for their first tax year.
California. California LLCs are required to have an Operating Agreement. This agreement can be oral or written. If it's written, the agreements?and all amendments to it?must be kept with the company's records.
In California, all that's required for a contract (which is what an operating agreement is) to be effective, other than for residential real estate contracts, is a signature.
The out-of-state business entity (a ?foreign? business entity) must register with the state, file tax returns, and (most important to the state) pay taxes to California.
An LLC operating agreement should contain provisions to cover: Basic information about the LLC. ... A profit and loss allocation plan. ... The LLC's purpose. The management structure. ... Ownership percentages of each member. ... Voting rights and procedures. ... Meeting frequency. Procedures for bringing in new members.