Does California Require an LLC Operating Agreement?

Key Information about California LLC Operating Agreements

The California Code of Conduct requires the operating agreement to be executed even for single-member LLCs, so you’ll need one if you’re the sole owner.

Importance and Contents of Operating Agreement

  • A California LLC operating agreement is a legally binding document that governs ownership, management, and operational processes of an LLC, ensuring clarity and smooth operations.
  • The operating agreement is crucial for providing a clear framework for managing disputes and operations in California’s dynamic business environment.

Components of Operating Agreement

  • Ownership: The operating agreement details who the members are and how ownership is divided, be it a sole proprietorship or LLC.
  • Management: Your LLC could be member-managed or manager-managed.

Requirements for LLC Operating Agreements in Different States

California vs. Missouri Requirements

  • California does not require an SMLLC to have an operating agreement.
  • In Missouri, limited liability companies need operating agreements. These outline ownership, management, members’ rights, and responsibilities.

Importance of Operating Agreements

  • Operating agreements define LLC rules and guidelines, offering protection and clarity.
  • Agreements help resolve member disputes and protect members’ assets.

Default Operating Agreement in California

  • A California LLC operating agreement establishes the LLC as a separate entity and governs ownership, management, and operations.
  • The agreement details LLC members and ownership interests, covering topics for both single-member and multi-member LLCs.

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