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No, New Jersey statutes do not state that LLCs are required to have an operating agreement. However, you'll need an operating agreement for several important tasks, like opening a bank account for your LLC and maintaining limited liability status.
Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...
Yes, Delaware's LLC law requires all Delaware LLCs to have an Operating Agreement in some form. The law states that an LLC Operating Agreement can be ?written, oral, or implied? between the members. However, having a written LLC Operating Agreement is the only way to make the agreement enforceable.
Creating your LLC in New Jersey requires you to initially submit a Public Records Filing for New Business Entity with the Corporate Filing Unit of the NJ Division of Revenue & Enterprise Services. Then within 60 days of forming your LLC, you must file a Business Registration form.
Although most states do not require the creation of an operating agreement, it is nonetheless regarded as a critical document that should be included when forming a limited liability company. Once each member (owner) signs the document, it becomes a legally binding set of regulations that must be followed.