Delaware Memorandum of Operating Agreement and Financing Statement
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How to fill out Memorandum Of Operating Agreement And Financing Statement?
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FAQ
As stated earlier, forming an LLC in Delaware requires you to submit the Articles of Organization for LLC. The state calls it the Certificate of Formation. File the completed form with the Division of Corporations by mail, in-person, or online.
§§ 18-104. Registered office; registered agent. d. A foreign corporation, a foreign limited liability partnership, a foreign limited partnership (including a foreign limited liability limited partnership), a foreign limited liability company, or a foreign statutory trust.
Delaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.
One of the most popular aspects is that the state of Delaware does not require a Delaware LLC's Operating Agreement to be filed or made public, as some other states do; thus your Delaware LLC's Operating Agreement remains completely private among you and your fellow LLC members.
Unlike the requirements of a corporation, the LLC's operating agreement does not require bylaws, minutes, officers, directors, and meetings.
You have to have an Operating Agreement for your Multi-Member LLC. It's legally required by Delaware state law. This document will spell out ownership percentages (and details of deposits into capital accounts), profit distribution, and management structure and responsibilities (to the extent assigned).
§ 131. Registered office in State; principal office or place of business in State. (a) Every corporation shall have and maintain in this State a registered office which may, but need not be, the same as its place of business.
Section 18-217 allows a domestic Delaware limited liability company (LLC) to divide itself into two or more domestic LLCs and to allocate the assets and liabilities of the dividing LLC (the ?dividing company?) among itself (if the dividing company survives the division) and the newly formed LLCs (the ?resulting ...