Tips and recommendations 

Does California require an operating agreement?

Leia Doyle

Does California require an operating agreement?

In California, every limited liability company is required to have an Operating Agreement. Ironically, it is actually more important for a single member LLC to have a well written Operating Agreement and to religiously hold its annual and special meetings of the sole member.

Do corporations require an operating agreement?

Corporations and LLCs aren’t required to file their bylaws or operating agreements with the Secretary of State. Still, you should have them in place as soon as you’ve incorporated or formed your LLC, because these documents are often requested by: lenders, when you’re trying to obtain financing.

Does a professional corporation have an operating agreement?

Similarly, corporations (S corps and C corps) are not legally required by any state to have an operating agreement, but experts advise owners of these businesses to create and execute their version of an operating agreement, called bylaws.

What is an operating agreement in California?

A California LLC operating agreement is a legal document that is not only used to establish a member-managed business but to also assist in the protection of the members’ personal assets (i.e., members’ homes, cars, and even family savings).

What should an operating agreement cover?

An operating agreement is a key document used by LLCs because it outlines the business’ financial and functional decisions including rules, regulations and provisions. The purpose of the document is to govern the internal operations of the business in a way that suits the specific needs of the business owners.

What are corporate documents for an LLC?

The three essential LLC formation documents are:

  • Articles of Organization. The Articles of Organization — also called Certificate of Organization — is the equivalent of the corporation’s Articles of Incorporation.
  • Operating Agreement.
  • Employee Identification Number.

    WHAT ARE LLC documents called?

    The filing document for an LLC is called the Articles of Organization.