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Owners of an LLC are called members. Most states do not restrict ownership, so members may include individuals, corporations, other LLCs and foreign entities. There is no maximum number of members. Most states also permit single-member LLCs, those having only one owner.
The good news is that youre free to write your operating agreement in any way that you wish. There arent any legal requirements regarding what you must include in the agreement. Drafting the best operating agreement for your LLC simply means tailoring it to your businesss specific needs.
A single-member LLC that is a disregarded entity that does not have employees and does not have an excise tax liability does not need an EIN. It should use the name and TIN of the single member owner for federal tax purposes.
An operating agreement isnt mandatory. But its a great idea to have one in place, even if your LLC only has one member and youll be in charge of making all of the decisions.
The 5 states requiring an operating agreement are California, Delaware, Maine, Missouri, and New York. But while you must have an LLC operating agreement, you dont have to file it.
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The operating agreement is a legally binding document that is filed internally and kept at the businesss physical location. The operating agreement is not filed with the state. Although it is not a requirement to have in most states, it is considered good business practice to have an operating agreement for the LLC.
In the absence of a written operating agreement, the members of the LLC may be bound by default rules for running LLCs in your state. These rules will vary from state to state, so you should consult a business attorney if you cannot access an existing written operating agreement.

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