Does FL Require an Operating Agreement?

Importance of Operating Agreement

Every Florida LLC should have an Operating Agreement. It regulates members’ contributions, distributions, and decision-making. Having an Agreement shows commitment to running a professional business.

Setting Up Your Company

When setting up your company, seeking legal advice from a Florida LLC attorney is beneficial.

Member-Managed Operating Agreement

We recommend using the Member-managed Operating Agreement as this is the most common type of LLC management.

You can download and customize your own Operating Agreement using a free template. This Agreement determines ownership rights and responsibilities for multiple members.

Operations and Member Rights

An Operating Agreement establishes each member’s rights, responsibilities, and liabilities, helps protect their assets, and outlines the decision-making process.

Notarization Requirement

Does a Florida LLC operating agreement need to be notarized?


Florida doesn’t require an Operating Agreement for your LLC, but having one is recommended.

Creating an Operating Agreement

You can download and customize your own Operating Agreement using a free template. A Member-managed Operating Agreement is where the Members (LLC owners) can legally bind the LLC and run day-to-day operations.

All LLCs with multiple members should have an operating agreement. An SMLLC operating agreement does not need to be filed with the state.

Business Purpose Requirement in Florida

Does Florida require a specific business purpose?

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