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Montana does not require a standard LLC to submit an Operating Agreement or even create one. However, Montana does require that Series LLCs create an Operating Agreement.
This information can generally be found on your Secretary of State website. Tip: It is unwise to operate without an operating agreement even though most states do not require a written document. Regardless of your state's law, think twice before opting out of this provision.
How to Start an LLC in MontanaChoose a Name for Your LLC.Appoint a Registered Agent.File Articles of Organization.Prepare an Operating Agreement.Obtain an EIN.File Annual Reports.
An operating agreement is a legally binding document that limited liability companies (LLCs) use to outline how the company is managed, who has ownership, and how it is structured.
Series LLC in States Other states that have a series LLC option include Alabama, Arkansas, Delaware, District of Columbia, Illinois, Indiana, Iowa, Kansas, Missouri, Montana, Nevada, North Dakota, Oklahoma, Puerto Rico, Tennessee, Texas, Utah, Virginia, Wyoming.
An operating agreement is a legally binding document that limited liability companies (LLCs) use to outline how the company is managed, who has ownership, and how it is structured. If a company is a multi-member LLC , the operating agreement becomes a binding contract between the different members.
What Should be Included in an Operating Agreement?Names, addresses, and titles of each member.Ownership percentages.Member rights and responsibilities.Responsibility, liability, and powers of members and/or managers.Profit and loss distribution.Buying and selling rules.Dissolution instructions.Meeting guidelines.More items...?
California LLCs are required to have an Operating Agreement. This agreement can be oral or written. If it's written, the agreementsand all amendments to itmust be kept with the company's records. Limited Liability Companies in New York must have a written Operating Agreement.
Businesses in Montana pay less in state filing fees when they create individual series within an existing LLC, rather than form several separate LLCs. This can make the Montana Series LLC an attractive option. To learn more about Series LLCs and which states recognize them, visit our Series LLC Guide.
Several states have followed suit including Illinois, Iowa, Nevada, Oklahoma, Tennessee, Texas, Utah and Puerto Rico. Some states, like California, do not allow for series LLCs to be formed under state law but series LLCs formed in other states can register with the state and do business in the state.