Illinois state law doesn't require an operating agreement. Statute § 805 ILCS 180/15-5 states that LLC members may enter into an operating agreement but doesn't require them to do so.
Illinois doesn't require your LLC to have an operating agreement. Though not required, it's strongly recommended that your LLC as one. An operating agreement is an internal document that establishes how you'll run your LLC.
Setting up a Multi-Member LLC: Step-by-step Choose your LLC Name. Choose your LLC Registered Agent. File your LLC Articles of Organization. Create an LLC Operating Agreement. Get an EIN for an LLC. Register for Business Licenses and Permits. Register for and file LLC Taxes (like sales tax, business tax, etc.)
Having an operating agreement for a single-member LLC helps demonstrate the legal separation between the business and the owner, reinforcing the member's personal limited liability protection in the event of a lawsuit against the company.
The requirements in Illinois include: Registered agent. LLCs must list the name and address of a registered agent with a physical address (no post office boxes) in Illinois. The registered agent must be available during normal business hours to accept important legal and tax documents for the business.
Does a Multi-Member LLC need an Operating Agreement? It's best to have an Operating Agreement, especially for an LLC with multiple members (a Multi-Member LLC). This document will spell out ownership percentages, profit distribution, operating procedures / company operations, and management responsibilities.
The 5 states requiring an operating agreement are California, Delaware, Maine, Missouri, and New York.
And while most states do not require LLCs to have a written operating agreement, having the agreement in writing can reduce uncertainties and is generally recommended.