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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.
Starting an LLC in the Mount Rushmore State comes with its own unique financial dynamics. South Dakota stands out as an attractive option for business owners due to its lack of state income tax.
In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.
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.
To dissolve/terminate your domestic LLC in South Dakota, you must submit the completed Articles of Termination form to the South Dakota Secretary of State by mail or in person and in duplicate along with the filing fee.
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 ...
How do I change my South Dakota LLC name? In order to change your LLC name, you must file the Amended Articles of Organization with the South Dakota Secretary of State. This officially updates your legal entity (your Limited Liability Company) on the state records.