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Unlike most states, New York's LLC law requires LLC members to adopt a written operating agreement. The Operating Agreement may be entered into before, at the time of, or within 90 days after filing the Articles of Organization.
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.
What should an LLC operating agreement include?Basic company information.Member and manager information.Additional provisions.Protect your LLC status.Customize the division of business profits.Prevent conflicts among owners.Customize your governing rules.Clarify the business's future.
How to Form an LLC in New Jersey (6 steps)Step 1 Registered Agent. Managing members of the LLC must elect a Registered Agent before filing in the State.Step 2 Choose your LLC Type.Step 3 File the Application.Step 4 Pay the Fee.Step 5 LLC Operating Agreement.Step 6 Employer Identification Number (EIN)
How to Form an LLC in New Jersey (6 steps)Step 1 Registered Agent. Managing members of the LLC must elect a Registered Agent before filing in the State.Step 2 Choose your LLC Type.Step 3 File the Application.Step 4 Pay the Fee.Step 5 LLC Operating Agreement.Step 6 Employer Identification Number (EIN)
New Jersey does not require an operating agreement in order to form an LLC, but executing one is highly advisable.
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.
Every New Jersey 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.