Do I need to file an operating agreement within the state

Do I need to file an operating agreement with the state? If you dont have to file the operating agreement with the state, where should one keep it? In addition can you amend the articles of organization to add a founding member or is that what is covered in the operating agreement.

Answer

You didn't tell me your state, and some of the answers depend on what state you're in.

Whether you need to file your operating agreement with the state depends on which state you live in.

When you use an LLC formation company, they will let you know during the formation process what filings are necessary.

If your state does not require filing of operating agreements, you should keep it where ever you store important documents (safe deposit box, a file cabinet at home, in a pile of papers on the kitchen table....just kidding about the last one).

Also, some states require amending articles of organization to add new members, but with most you simply update your operating agreement.

Again, when you use an LLC formation company, these issues are addressed for you.

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Jul 25, 2012
LLC Operating Agreement requirement in PA
by: Anonymous

Does the State of Pennsylvania require that sole or multiple member llc's have an operating agreement?

Answer
Title 15, Section 8916 of PA's Code states that "the operating agreement of a limited liability company need not be in writing except where this chapter refers to a written provision of the operating agreement."

PA Code Section

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