In Missouri, a limited liability company needs an operating agreement outlining ownership, management, members’ rights and responsibilities. The legally binding agreement helps resolve disputes between members and protects members’ assets.
LLCs should customize their Missouri operating agreement to structure and operations, tailoring it to follow state laws. This is essential.
Foreign LLCs must register with Missouri’s Secretary of State, appointing an in-state registered agent. To register, foreign LLCs file the "Application for Registration of a Foreign Limited Liability Company". The online filing fee is $50 or $105 by mail.
The purpose of an LLC operating agreement defines rules and guidelines for a business. Without the structure in an operating agreement, as the business owner, your personal liability might increase. Having an agreement, even if your state doesn’t require one, protects your interests.
An operating agreement details LLC operations including the powers of each member and voting rights. It’s about 15 to 20 pages normally and is for the company’s internal reference and doesn’t need public disclosure. In Missouri, there are default LLC rules, but members can override provisions with a written operating agreement.
In Nebraska, after filing the formation documents with the Nebraska Secretary of State, every LLC has to publish a notice in the newspaper for a certain period of time. As the publication run ends, the LLC can start operating in the state.
Publication Steps for an LLC in Nebraska
- Every LLC in Nebraska must meet publication requirements after forming the LLC by publishing a "Notice of Organization" for 3 weeks consecutively in approved newspapers.
- File the Form of Publication Compliance with the Secretary of State, Nebraska, after the 3-week period.
The notice must contain:
- The name of your LLC
- The name and street address of your registered agent
- The physical address of your primary business location
- Information on which (if any) professional service your business provides
Note: The publication requirement does NOT apply to LLCs formed in Maricopa or Pima county.
Specific Steps for Publication
- Make sure your LLC’s name complies with state naming requirements.
- File the Certificate of Organization with the Nebraska Secretary of State’s office.
- Publish a notice in a newspaper of general circulation in the county where your LLC’s principal office is located.
- The notice must be published for three consecutive weeks.
- After publication, file an Affidavit of Publication with the Secretary of State’s office.
- Failure to comply with these requirements may lead to penalties.
Frequently Asked Question: Is LLC Agreement the Same as Operating Agreement?
Yes, an LLC operating agreement and an LLC agreement refer to the same document.