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Florida law does not require LLC operating agreements to be filed. An LLC operating agreement is a private contract among the LLC members. The general public cannot search or view an LLC's operating agreement.
The laws in Florida don't require an LLC to use an Operating Agreement. Instead, the owners of the LLC can operate the business as they choose, as long as they follow the requirements and limitations of business laws in the state.
What should a multi-member operating agreement include? Affirms that the LLC has been formed by state laws and will conduct lawful business. Notes where key business information (such as member info and registered agent) can be found. Lists the events that can end the business (and how members can continue the LLC)
If you do choose to draft an LLC Operating Agreement for your Florida LLC, there is no requirement for it to be notarized. You can simply print out the agreement, have all members sign it, give a copy to all members, and keep an additional copy on file.
An amended and restated operating agreement is a legal document that outlines any changes (known as amendments) to an original operating agreement between two or more parties. Often used to govern operations of a Limited Liability Company, the agreement is used to redesignate parties and redefine terms.
Florida's requirements include: Registered agent. LLCs must list the name and address of a registered agent with a physical address (no post office boxes) in Florida. The registered agent must be available during normal business hours to accept important legal and tax documents for the business.
(1) An operating agreement may specify that its amendment requires the approval of a person who is not a party to the agreement or upon the satisfaction of a condition. An amendment is ineffective if its adoption does not include the required approval or satisfy the specified condition.
Key Components of an S-Corp Operating Agreement Identification of Parties. ... Management Structure. ... Ownership and Equity. ... Shareholder Rights and Obligations. ... Distributions and Allocations. ... Financial Matters. ... Meetings and Decision-Making. ... Amendments and Dissolution.