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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.
Unlike the amendments of a Certificate of Incorporation, which are subject to specific requirements under Delaware law, a corporation's bylaws may provide for amendment by the Board of Directors, by the shareholders or by both.
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.
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.
Delaware corporate bylaws are not on the public record. This document doesn't need to be submitted to the state of Delaware.
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.