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An operating agreement, also known in some states as a limited liability company (LLC) agreement, is a contract that describes how a business plans to operate. Think of it as a legal business plan that reads like a prenup.
Is an Operating Agreement REQUIRED in South Carolina? No ? Businesses in South Carolina are not legally required to implement an operating agreement.
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.
While most states don't require LLCs to have operating agreements, it's always a good idea to create one to ensure your business is well administered and protected from risk.
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, which means someone could sue you without there being any shield to protect your personal assets.
Although writing an operating agreement is not a mandatory requirement for most states, it is nonetheless considered a crucial document that should be included when setting up a limited liability company. The document, once signed by each member (owner), acts as a binding set of rules for them to adhere to.
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.
A South Dakota LLC wins the decision if you have a small to medium-sized business. LLCs in South Dakota stay true to design in terms of easy formation and maintenance, simple management, strong flexibility in decision-making, and limited liability protection.