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The state of Oregon does not require an LLC to have an operating agreement. Nonetheless, it is highly advisable that an LLC create this document because it can protect its members from being held personally liable if it is sued.
State law gives little guidance on what specifically constitutes ?doing business,? but we know from other state and tax laws that an LLC is typically considered to be ?doing business? and required to foreign qualify if: It has offices, warehouses, stores, or other physical presences in the state.
Yes, Delaware's LLC law requires all Delaware LLCs to have an Operating Agreement in some form. The law states that an LLC Operating Agreement can be ?written, oral, or implied? between the members. However, having a written LLC Operating Agreement is the only way to make the agreement enforceable.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, which means someone could sue you without there being any shield to protect your personal assets.
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).