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While a written operating agreement isn't required (per Idaho Statute § 30-25-102), your operating agreement is an essential document for many important aspects of your business, from opening a bank account to handling major events (like fighting lawsuits).
Name your Delaware LLC. ... Choose your registered agent. ... Prepare and file a Certification of Formation of a limited liability company. ... Receive a certificate from the state. ... Create an operating agreement. ... Get an Employer Identification Number. ... Pay an alternative entity tax.
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.
Delaware has no publication requirement.
An operating agreement is a key document used by LLCs because it outlines the business' financial and functional decisions including rules, regulations and provisions. The purpose of the document is to govern the internal operations of the business in a way that suits the specific needs of the business owners.
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 ...
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.
Unlike the requirements of a corporation, the LLC's operating agreement does not require bylaws, minutes, officers, directors, and meetings.