That is, many states do not require SAZs to establish company agreements. In fact, most don`t. But that doesn`t mean you shouldn`t create one. As we mention in our article “Why Your Limited Liability Company Needs an LLC Operating Agreement,” these agreements allow you to customize your business structure, avoid general government rules, and protect your limited liability. Keep in mind that no state requires an LLC to file its articles or operating agreements with the Secretary of State. Instead, just keep them in your folders. Now, here are the states where you need to create an agreement with notes on each. CaliforniaCalifornia LLCs must have an operating agreement. This Agreement may be entered into orally or in writing. If written, the agreements – and any changes to them – must be kept on file with the company.

Limited liability companies from New York to New York must have a written operating agreement. This document must contain provisions relating to the activities of the LLC, the conduct of its affairs and the rights, preferences, restrictions or responsibilities of its members. MissouriAs California, missouri SAUBs are required to create an operating agreement, but it can be written or oral. It should cover the management, affairs of the LLC and the rights, powers and duties of its members, managers, agents or employees. MaineIn Maine, an operating agreement must be entered into before, after, or during the filing of an LLC. This agreement may be made in writing, orally or even tacitly. In other words, it`s a pretty lenient law, but it`s still a requirement in Maine. Write it down to avoid problems on the other line. DelawareComme maine, Delaware requires an operating agreement at a specific time before, during, or after the filing of LLC incorporation documents.

This Agreement may be implied, written or oral. ConclusionIf you form or have formed an 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. It allows you to avoid disagreements on the street, determine exactly who is responsible for what, distribute debt and profits according to the needs of your business, and protect your important status with limited liability. In other words, while only 10% of the state requires a deal, creating an agreement can save you tons of trouble in the future. You don`t even need to submit the agreement. Just keep it with your records. .