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Delaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.
LLCs are a common type of business in Delaware. They are usually one of two management structures, including member-managed or manager-managed. As a default, most LLCs are member-managed. If owners prefer the LLC to be manager-managed, then they should express that in the operating agreement.
LLCs are a common type of business in Delaware. They are usually one of two management structures, including member-managed or manager-managed. As a default, most LLCs are member-managed. If owners prefer the LLC to be manager-managed, then they should express that in the operating agreement.
The owners of an LLC are called members, and those members have a choice. Their LLC can be member-managed, or it can be manager-managed. Deciding how their LLC will be managed is one of the most important decisions members will make before forming the company.
Capital: There is no minimum or maximum requirement regarding the contribution of capital for a Delaware Limited Liability Company. We recommend standard capital contribution of US$ 500/-. It is recommended to issue stock certificates as evidence of ownership.
Anyone can be a member of a Delaware LLC or corporation. Generally, the members of an LLC are individuals, but it doesn't stop there. Many people opt to set up the Delaware LLC with another company as the member. This can be a corporation, LP, or even another Delaware LLC.
The LLC operating agreement, also known as an LLC agreement, establishes the rules and structure for the LLC and can help address any issues that arise during business operations. Most states have default provisions that address many of these difficulties, but the operating agreement can override these presumptions.
The Delaware LLC does not need to elect to be either managed by its owners or an outsider, unlike most other states which require you elect one or the other. Usually in Delaware the members by majority retain management rights, even if they select an outsider to be the manager.