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3. Negotiate and execute an operating agreement. North Carolina does not require an operating agreement in order to form an LLC, but executing one is highly advisable.
Every North Carolina LLC owner should have an operating agreement in place to protect the operations of their business. While not legally required by the state, having an operating agreement will set clear rules and expectations for your LLC while establishing your credibility as a legal entity.
All LLC's should have an operating agreement, a document that describes the operations of the LLC and sets forth the agreements between the members (owners) of the business. An operating agreement is similar to the bylaws that guide a corporation's board of directors and a partnership agreement.
Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.
To form an LLC in NC, you'll need to file the Articles of Organization with the North Carolina Secretary of State, which costs $125. You can apply online or by mail. The Articles of Organization is the legal document that officially creates your North Carolina limited liability company.
This agreement can be implied, written, or oral. If you're formingor have formedan LLC in California, New York, Missouri, Maine, or Delaware, state laws require you to create an LLC Operating Agreement. But no matter what state you're in, it's always a good idea to create a formal agreement between LLC members.
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.
How to Form an LLC in North Carolina (6 steps)Step 1 Appoint a Registered Agent. Each LLC must nominate a Registered Agent as required by State law.Step 2 Which LLC Type.Step 3 Complete the Application.Step 4 Filing Fee.Step 5 Operating Agreement.Step 6 Employer Identification Number (EIN)