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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.
The North Dakota Uniform Limited Liability Act provides ground rules for LLC operating agreements, but it does not specifically state that North Dakota LLCs must have an operating agreement. However, you will need an operating agreement to maintain your LLC.
Starting an LLC in North Dakota will include the following steps: #1: Name Your North Dakota LLC. #2: Select a Registered Agent. #3: Draft North Dakota LLC Articles of Organization. #4: Write an Operating Agreement. #5: Apply for a Business Identification Number.
Because having a written operating agreement lends credibility to your LLC.
Three of the most common types of operating agreements include single-member, multi-member and manager-managed.
A Minnesota LLC isn't legally obligated to have an operating agreement. Minnesota Statute § 322C. 0110 outlines what an operating agreement may cover but doesn't state that LLCs must have one.
10 Must Haves in an LLC Operating Agreement Member Financial Interest. What percentage ownership does each member have? ... Corporate Governance. ... Corporate Officer's Power and Compensation. ... Non-Compete. ... Books and Records Audit. ... Arbitration/Forum Selection. ... Departure of Members. ... Fiduciary duties.
While an operating agreement is not required by North Dakota business law, it is highly recommended that you create one. Without an operating agreement, your business will be governed by the default rules outlined in the North Dakota Limited Liability Company Act, which may not be ideal for your specific business.