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Colorado does not require you to submit an Operating Agreement to form your LLC. However, it is important for every LLC to have an Operating Agreement, establishing the rules and structure of the business.
Filing Articles of Organization is how you form your LLC in the State of Colorado. Per 7-90-314(1) C.R.S. you must have written consent to list the name of any person in your document, or to use their address. This is for your own records; you do not need to include it with this filing.
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.
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 ...
Name your Colorado LLC. You'll need to choose a name to include in your articles before you can register your LLC. ... Choose your registered agent. ... Prepare and file articles of organization. ... Receive a certificate from the state. ... Create an operating agreement. ... Get an Employer Identification Number.
Most states do not require LLCs to have this document, so many LLCs choose not to draft one. While it may not be a requirement to have an operating agreement, it's actually in the best interest of an LLC to draft one. And by drafting it, I'm referring to creating a written operating agreement.
In Colorado, on the other hand, as a single-member LLC, you are only required to file federal income tax as the state does not impose a state income tax.
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.