No matter what type of entity you form, you need to create and submit some kind of charter document. This document, referred to as the status of a corporation or the incorporation certificate (or certificate of creation in some states) of an LLC, is the first filing, usually with the office of the Secretary of State in the state you founded, which forms a business after adoption by the government. Depending on the status of the charter, the charter document can be completed and submitted online. If this is not the case, you should conduct extensive research on the requirements for the charter document in your chosen state of incorporation prior to the submission, because if the requirements are not met, the charter document is refused. It is recommended that you create an operating contract as soon as you form an LLC. Often, this document is requested by banks when you open a business account, lenders, if you are trying to maintain financing, potential commercial investors or partners, as well as lawyers or accountants. The contract for the operation of an LLC is the contract between all members (including owners) of LLC. LLC members are generally given a great deal of leeway in determining how their business should be managed. An LLC enterprise agreement can be as simple or as complex as you like. It can be a framework for running the business – initial contributions (cash or in kind), management responsibilities, accounting standards and other essential knowledge about how the business works. It may also be a very complex document that details how members` capital accounts are handled, how the LLC`s tax returns are prepared (and who is responsible for them) and the restrictions on the acquisition or sale of members` shares (i.e., first refusal rights).
The second relates to the company`s internal operations. For companies, these are statutes and for llCs, it is an enterprise agreement. All members of an LLC enter into a contract when they enter into an enterprise contract regulating the internal affairs of the company. Members generally have great flexibility in the way they manage the LLC. Even a single-headed LLC can have an enterprise agreement. This ensures that the business is treated in the eyes of the law as an LLC and not as an individual business. Depending on the type of business you have (LLC, S Corporation, C Corporation) and the state in which you live, you may legally be required to file an operating contract. For example, any LLC that operates in California, Delaware, Maine, Missouri or New York is legally required to submit an LLC enterprise agreement. Although LCs in the other 45 states are not legally required to have an enterprise agreement, it is highly recommended. The company`s statutes refer to the document that contains the internal rules and rules that apply to a company.