QUESTION

Do I need an operating agreement for an LLC

Asked on Jul 31st, 2014 on Business Law - Colorado
More details to this question:
I have registered a business with the state of Colorado. I am the sole owner do I need a operating agreement for the LLC.
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1 ANSWER

Business & Corporate Law Attorney serving Colorado Springs, CO at Business Law Group
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Great question.  An operating agreement generally provides the rules governing the relationship between the various members of an LLC, and can also set out certain rules to govern the relationship between the member and the company.  In your case, you are the sole member of the company, with authority to make the LLC take any action you desire.  Also, you do not have other members to deal with in the management or other decisions of the LLC.  You could likely operate without an operating agreement for some time, relying instead on the Colorado's default laws regarding the governance and ownership of an LLC. In some cases, however, third parties desiring to do business with the LLC may require an operating agreement.  Banks commonly do.  Most transactions involving real estate will.  In those cases, you may be required to provide a simple operating agreement.  When we prepare organizational documents for single-member LLCs, we generally include a very simply operating agreement for those purposes.
Answered on Aug 11th, 2014 at 1:48 PM

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