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Operating agreements apply to all LLCs - whether single-member or multi-member LLCs.
Check With Your Company Agent The registered business agent is often a commercial service that exists explicitly to serve this function. The agent may also be an individual officer in your LLC. Request a copy of the operating agreement from this individual or entity.
North Carolina does not require an operating agreement in order to form an LLC, but executing one is highly advisable.
Every North Carolina LLC owner should have an operating agreement in place to protect the operations of their business. While not legally required by the state, having an operating agreement will set clear rules and expectations for your LLC while establishing your credibility as a legal entity.
To form an LLC in NC you'll need to file the Articles of Organization with the North Carolina Secretary of State, which costs $125. You can apply online or by mail. The Articles of Organization is the legal document that officially creates your North Carolina limited liability company.
An operating agreement should outline voting rights, member responsibilities, and even meeting frequency. While many states do not require any particulars, it's wise to make an agreement that's specific to your needs.
You simply fill out a form from the North Carolina Secretary of State website, and file it with the required fee. A few days to a week later, the Secretary of State's office will notify you that your LLC is now open. You can then apply for a tax ID number by going to the IRS website, and you are in business.
Most states do not require LLCs to have this document, so many LLCs choose not to draft one. While it may not be a requirement to have an operating agreement, it's actually in the best interest of an LLC to draft one. And by drafting it, I'm referring to creating a written operating agreement.