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.
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.
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.
A limited liability company (LLC) with two or more members is a multi-member LLC (MMLLC). Like a single-member LLC, a MMLLC is a type of business entity that combines the flexibility of a partnership with the limited liability of a corporation.
The 5 states requiring an operating agreement are California, Delaware, Maine, Missouri, and New York.
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.)
No. The state of Washington does not require businesses to file their LLC operating agreements with the state. However, it's a good idea to have a completed operating agreement on hand for other institutions who may request one.
An LLC will file one of the following returns, depending on the situation: Single-member LLCs: Form 1040 (Schedule C, E, or F) Multiple-member LLCs (Partnership): Form 1065.