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Unlike the requirements of a corporation, the LLC's operating agreement does not require bylaws, minutes, officers, directors, and meetings.
§ 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.
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.
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.
The operating agreement should include the following: Basic information about the business, such as official name, location, statement of purpose, and registered agent. Tax treatment preference. Member information. Management structure. Operating procedures. Liability statement. Additional provisions.
How to Form Your Delaware LLC (Step-by-Step) Step 1: Name Your Delaware LLC. ... Step 2: Designate a Registered Agent. ... Step 3: File Your Delaware Certificate of Formation. ... Step 4: Draft an Operating Agreement. ... Obtain an Employer Identification Number (EIN)
Delaware has no publication requirement.
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).