Can I create my own operating agreement for my LLC?

Most states do not require LLCs to have this document, so many LLCs choose not to draft one. While it may not be a requirement to have an operating agreement, it's actually in the best interest of an LLC to draft one.However, a written operating agreement defines in writing how the LLC is run.

US Legal Forms
Operating Agreement for States who have Adopted the Uniform Limited...

Operating Agreement for States who have Adopted the Uniform Limited Liability Act and the Revised Uniform Limited Liability Act

Category:

Limited Liability Company - Operating Agreements

State:

Multi-State

Control #:

US-01931BG

Format:

Instant download

Description

A Limited Liability Company (LLC) is a separate legal entity that can conduct business just like a corporation with many of the advantages of a partnership. It is taxed as a partnership. Its owners are called members and receive income from the LLC just as a partner would. There is no tax on the LLC entity itself. The members are not personally liable for the debts and obligations of the entity like partners would be. Basically, an LLC combines the tax advantages of a partnership with the limited liability feature of a corporation.

An LLC is formed by filing articles of organization with the secretary of state in the same type manner that articles of incorporation are filed. The articles must contain the name, purpose, duration, registered agent, and principle office of the LLC. The name of the LLC must contain the words Limited Liability Company or LLC. An LLC is a separate legal entity like a corporation.

Management of an LLC is vested in its members. An operating agreement is executed by the members and operates much the same way a partnership agreement operates. Profits and losses are shared according to the terms of the operating agreement.

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FAQ

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.

In most states, all member should and must sign the operating agreement.

LLC operating agreements do not need to be filed with the state. Do not confuse the LLC operating agreement with the articles of organization. Articles of organization are public documents that are filed with the state to actually form the LLC.

Most states do not require LLCs to have this document, so many LLCs choose not to draft one. While it may not be a requirement to have an operating agreement, it's actually in the best interest of an LLC to draft one.However, a written operating agreement defines in writing how the LLC is run.

An LLC operating agreement is a document that customizes the terms of a limited liability company according to the specific needs of its owners. It also outlines the financial and functional decision-making in a structured manner.

An operating agreement is mandatory as per laws in only 5 states: California, Delaware, Maine, Missouri, and New York. LLCs operating without an operating agreement are governed by the state's default rules contained in the relevant statute and developed through state court decisions.

It has been enacted in 19 U.S. jurisdictions: Alabama, Arizona, California, Connecticut, the District of Columbia, Florida, Idaho, Illinois, Iowa, Minnesota, Nebraska, New Jersey, North Dakota, Pennsylvania, South Dakota, Utah, Vermont, Washington, and Wyoming.

Washington does not require an operating agreement in order to form an LLC, but executing one is highly advisable.