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Unlike the requirements of a corporation, the LLC's operating agreement does not require bylaws, minutes, officers, directors, and meetings. There is also flexibility in management, so managers can participate fully without their liability being affected.
Does Delaware require corporate bylaws? Though Delaware statutes frequently imply the existence of bylaws, they don't explicitly say they're required. (For example, DE Code § 109 states that bylaws ?may be adopted.?) But bylaws are essential for a well-functioning corporation.
Corporate bylaws are guidelines for the way you'll structure and run your corporation. Bylaws are required in most states. Even when they're not required, bylaws are useful because they avoid uncertainty and ensure you're complying with legal formalities.
LLC & Corporation Public Records These documents can be viewed on the Delaware public record from the first day the company is formed and will remain on the Delaware public record for the life of the company.
Are Delaware bylaws public? Your bylaws are not required to be filed with the Delaware Secretary of State and are therefore not considered public information. However, if a corporation is required to disclose its bylaws pursuant to SEC rules or other applicable law, they will be made available to the public.
File Certificate of Incorporation in Delaware In order to form a Delaware Corporation, particularly one that issues stock, you must complete and file a Certificate of Incorporation (PDF)(88.5 KB)Opens in a new window with the Delaware Division of Corporations.
The Articles of Incorporation are filed with the State of Delaware, whereas the corporate bylaws are internal and not required to be disclosed to the Registered Agent or the State of Delaware.
For a corporation organized under the laws of a US state such as Delaware, the certificate of incorporation establishes the corporate entity, and corporate bylaws exist to provide more detail about the manner in which the business is governed and run on a day-to-day basis.