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Your operating agreement should be kept on file at your business location. An operating agreement is not required in South Dakota state but can still be important when starting an LLC. An operating agreement can include provisions on: Rights and responsibilities of members.
It's best to have a written Operating Agreement, even if you are the only Member of your South Carolina LLC (a Single-Member LLC). If you go to court, an Operating Agreement helps prove that your Single-Member LLC is being run as a separate legal entity.
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.
An operating agreement is a document that outlines the way your LLC will conduct business. South Dakota doesn't require an operating agreement, but it is an essential component of your business.
Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...
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.