North Dakota Memorandum of Operating Agreement and Financing Statement

State:
Multi-State
Control #:
US-OG-770
Format:
Word; 
Rich Text
Instant download

Description

This is a form of a memorandum used to evidence the existance of an operating agreement and financing statement between Parties to a Contract Area.
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FAQ

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.

The LLC Operating Agreement (sometimes referred to as "By-Laws" by banks) is a document containing rules and procedures that address the LLC's financial and functional decisions.

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.

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.

North Dakota LLC Cost. Starting an LLC in North Dakota will cost $135. Your state annual report will cost $50, but since that's a once-a-year fee, you can budget for that later. Basically you can start an LLC in North Dakota for under two hundred bucks, and that's pretty awesome.

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.

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North Dakota Memorandum of Operating Agreement and Financing Statement