LLC Operating Agreement Requirements by State: A Comprehensive Guide

When forming a Limited Liability Company (LLC), one of the most important documents to create is the Operating Agreement. This agreement outlines the rules and procedures for how the LLC will be run, including the rights and responsibilities of the members, managers, and other stakeholders. In this article, we will explore the requirements for an LLC Operating Agreement by state, including the specific provisions that must be included in the agreement.

In general, an LLC Operating Agreement is a contract between the members of the LLC that outlines the terms and conditions of the LLC's operation. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members. The agreement should also include provisions for the transfer of ownership, the dissolution of the LLC, and the resolution of disputes.

The requirements for an LLC Operating Agreement vary from state to state. In some states, the agreement is required to be in writing and signed by all members, while in other states, the agreement can be oral. Some states require that the agreement be filed with the state, while others do not.

In this article, we will explore the requirements for an LLC Operating Agreement by state, including the specific provisions that must be included in the agreement. We will also provide a sample LLC Operating Agreement that can be used as a template for your own agreement.

LLC Operating Agreement Requirements by State

Alabama

In Alabama, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Alaska

In Alaska, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Arizona

In Arizona, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Arkansas

In Arkansas, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

California

In California, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Colorado

In Colorado, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Connecticut

In Connecticut, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Delaware

In Delaware, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Florida

In Florida, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Georgia

In Georgia, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Hawaii

In Hawaii, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Idaho

In Idaho, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Illinois

In Illinois, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Indiana

In Indiana, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Iowa

In Iowa, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Kansas

In Kansas, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Kentucky

In Kentucky, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Louisiana

In Louisiana, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Maine

In Maine, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Maryland

In Maryland, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Massachusetts

In Massachusetts, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Michigan

In Michigan, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Minnesota

In Minnesota, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Mississippi

In Mississippi, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Missouri

In Missouri, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Montana

In Montana, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Nebraska

In Nebraska, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Nevada

In Nevada, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

New Hampshire

In New Hampshire, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

New Jersey

In New Jersey, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

New Mexico

In New Mexico, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

New York

In New York, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

North Carolina

In North Carolina, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

North Dakota

In North Dakota, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Ohio

In Ohio, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Oklahoma

In Oklahoma, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Oregon

In Oregon, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Pennsylvania

In Pennsylvania, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Rhode Island

In Rhode Island, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

South Carolina

In South Carolina, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

South Dakota

In South Dakota, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Tennessee

In Tennessee, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Texas

In Texas, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Utah

In Utah, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Vermont

In Vermont, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Virginia

In Virginia, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Washington

In Washington, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

West Virginia

In West Virginia, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Wisconsin

In Wisconsin, the LLC Operating Agreement is not required to be in writing, but it is recommended that the agreement be in writing to avoid disputes. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Wyoming

In Wyoming, the LLC Operating Agreement is required to be in writing and signed by all members. The agreement should include provisions for the management of the LLC, the distribution of profits and losses, and the rights and responsibilities of the members.

Sample LLC Operating Agreement

Here is a sample LLC Operating Agreement that can be used as a template for your own agreement:

Article 1: Purpose

The purpose of this Operating Agreement is to set forth the terms and conditions of the operation of [Name of LLC].

Article 2: Membership

The members of [Name of LLC] are [Name of Members]. Each member shall have one vote on matters requiring a vote of the members.

Article 3: Management

The management of [Name of LLC] shall be vested in [Name of Manager]. The manager shall have the authority to manage and control the business and affairs of the LLC.

Article 4: Distribution of Profits and Losses

The profits and losses of [Name of LLC] shall be distributed among the members in accordance with their respective ownership interests.

Article 5: Transfer of Ownership

The ownership interests of the members shall not be transferable without the consent of the other members.

Article 6: Dissolution

[Name of LLC] shall be dissolved upon the occurrence of any of the following events:

(a) The death or disability of any member;

(b) The withdrawal of any member;

(c) The sale of the ownership interests of any member;

(d) The dissolution of the LLC by the members.

Article 7: Dispute Resolution

Any disputes arising out of or related to this Operating Agreement shall be resolved through binding arbitration.

Article 8: Governing Law

This Operating Agreement shall be governed by and construed in accordance with the laws of [State].

Article 9: Entire Agreement

This Operating Agreement constitutes the entire agreement between the members and supersedes all prior agreements and understandings.

Article 10: Amendments

This Operating Agreement may be amended by the members with the consent of all members.

By signing below, the members acknowledge that they have read and understand the terms and conditions of this Operating Agreement.

Signature:

Date:

Printed Name:

Address:

City:

State:

Zip:

Phone Number:

Email Address:

Facsimile Number: