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Every Ohio 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.
An operating agreement is ONLY required in the five (5) States of California, Delaware, Maine, Missouri, and New York. In all other States, an operating agreement is not required but is recommended to be written and signed by all members of the LLC.
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.
How to File (4 Steps)Step 1 Select a Business Name.Step 2 Appoint a Statutory Agent.Step 3 File Documents with Secretary of State.Step 4 Execute an Operating Agreement.Step 5 Register Company for Taxation.
You're now authorized to do business in Ohio as an LLC. But there are still a few more steps you need to follow to ensure that your LLC remains in good standing with the state.
An Ohio LLC operating agreement is a legal document that would be used by any sized business that would like to establish the policies, standard operating procedures, member relations, and more, pertaining to their business.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, and which means someone could sue to go after you without there being any shield to protect your personal assets.
Do you have to pay for an LLC every year? Ohio LLCs with gross receipts over $150,000 must pay a commercial activity tax, but LLCs with receipts less than that amount do not have to pay every year.
Negotiate and execute an operating agreement.Ohio does not require an operating agreement in order to form an LLC, but executing one is highly advisable.