Kentucky Exhibit A to Operating Agreement - Contract Area and Parties - Form 2
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FAQ
What are the requirements to form an LLC in Kentucky? You must file articles of organization, appoint a registered agent, and pay a filing fee of $40 (or $60 for expedited service). An operating agreement is recommended but not required.
The JOA is a contract where two or more parties agree to undertake a common task to explore and exploit an area for hydrocarbons. The parties to the agreement can be broadly classified as operators and non-operators. The operator is the one who is responsible for the day-to-day management and operation of the field.
The good news is that you're free to write your operating agreement in any way that you wish. There aren't any legal requirements regarding what you must include in the agreement. Drafting the best operating agreement for your LLC simply means tailoring it to your business's specific needs.
Do you need an operating agreement in Kentucky? No, it's not legally required in Kentucky under § 275.003. Single-member LLCs need an operating agreement to preserve their corporate veil and to prove ownership. And multi-member LLCs need one to help provide operating guidance, determine voting rights and contributions.
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.
Once the document is signed by the members of the limited liability company, it acts as an official contract binding them to its terms.
