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While Texas requires its corporations to keep regular meeting minutes, Delaware does not. These minutes do not need to be filed with the state, but they should be kept with your corporate records.
Pennsylvania does not require an SMLLC to have an operating agreement. However, even though an SMLLC has just one member, an operating agreement is highly recommended. An SMLLC operating agreement does not need to be filed with the state.
Despite the fact that your state demands specific legal requirements, you can file for an LLC in states, such as Delaware or California, that require only one member/owner.
A Delaware LLC agreement is a requirement to form and operate a limited liability company within the state.
If your startup is a corporation incorporated in Delaware or Washington, you must have a board of directors. The Delaware General Corporation Law provides that the business and affairs of every Delaware corporation shall be managed by or under the supervision of a board of directors.
Keep in mind there are no stated required officer positions that a Delaware corporation must have, as opposed to other states. One person can comprise an entire Delaware corporation. Most Delaware companies have at least a president as well as a secretary.
All LLC's should have an operating agreement, a document that describes the operations of the LLC and sets forth the agreements between the members (owners) of the business. An operating agreement is similar to the bylaws that guide a corporation's board of directors and a partnership agreement.
When forming an LLC in Delaware, you will need to file paperwork called the Certificate of Formation. While you are completing this form, you can create an LLC Operating Agreement. Although it is not required by law to have an Operating Agreement in Delaware, it should not be overlooked.
Per the Delaware LLC Act, the operating agreement can be a written, oral, or implied contract. However, only a written and notarized contract is actually enforceable.
Yes. Delaware law requires every corporation to hold an annual shareholders meeting at least once every 13 months. Generally, the date of the annual meeting is contained in the bylaws of the corporation. A meeting must be held, regardless of the number of shareholders in the corporation.