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While most states don't require LLCs to have operating agreements, it's always a good idea to create one to ensure your business is well administered and protected from risk.
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.
A joint operating agreement is a contract that sets forth the duties and obligations of both the operator and nonoperating working interest owners of a mineral lease.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, which means someone could sue you without there being any shield to protect your personal assets.
If there is no operating agreement, you and the co-owners will not be suitably equipped to reach any settlements concerning misunderstandings over management and finances. Worse still, your LLC will be required to follow any of your state's default operating conditions.
Main drawbacks: More expensive to create than a partnership or sole proprietorship. State laws for creating LLCs may not reflect the latest federal tax changes. Inability to obtain VC funding. Inability to provide employees with stock options.
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.
An operating agreement should include the following: Percentage of members' ownership. Meeting provisions and voting rights. Powers and duties of members and management. Distribution of profits and losses. Tax treatment preference. A liability statement. Management structure. Operating procedures.