Delaware LLC Operating Agreement Template

A Delaware LLC operating agreement is developed and agreed upon by LLC members or the sole-member LLC owner/organizer since it dictates their behavior, roles, and obligations to the LLC. This agreement covers topics such as decision-making powers, day-to-day operations, and the LLC’s policies.

Last updated September 6th, 2024

A Delaware LLC operating agreement is developed and agreed upon by LLC members or the sole-member LLC owner/organizer since it dictates their behavior, roles, and obligations to the LLC. This agreement covers topics such as decision-making powers, day-to-day operations, and the LLC’s policies.

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Is it Required in Delaware?

No. LLC owners and members do not have to enter an operating agreement to form or run their Delaware LLC but are encouraged to do so since it is known to maintain an organization and its rules while adding to the credibility of the LLC. (Delaware Code Chapter 18 Limited Liability Company Act)

By Type (2)

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)