Delaware LLC Operating Agreement

A Delaware LLC operating agreement is developed by LLC members or a sole-member LLC’s owner/organizer. Generally this can be used to date the intent to form a company and will cover topics such as membership powers, contribution requirements, and internal policies.

Last updated December 6th, 2024

A Delaware LLC operating agreement is developed by LLC members or a sole-member LLC’s owner/organizer. Generally this can be used to date the intent to form a company and will cover topics such as membership powers, contribution requirements, and internal policies.

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Is it Required in Delaware?

Yes. LLC owners and members must enter an operating agreement to form or run their Delaware LLC. (Delaware Code Chapter 18 Limited Liability Company Act)

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State Definition

“Operating agreement,” or limited liability company agreement, is the document that establishes an LLC’s members (or owners), their voting powers and rights as well as the rules or policies that govern the LLC once each owner or member have agreed to it in writing or orally;

Delaware Code § 18-101 (9)