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Single Member Limited Liability Company LLC Operating Agreement - South Dakota 2025

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This document outlines the Operating Arrangement for a Single-Member Limited Liability Company (LLC) in South Dakota, established by an Initial Member. It details the formation, management, and operational guidelines of the LLC, including provisions for admitting additional members, handling contributions and distributions, voting rights, and procedures for member dissociation and dissolution. The arrangement emphasizes that the LLC will initially be taxed as a sole proprietorship and later as a partnership if more members join. It also includes stipulations regarding the transferability of interests and the maintenance of records.

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Click ‘Get Form’ to open it in the editor.
Begin by entering the name of your LLC in the designated field. This is crucial as it identifies your business entity.
Fill in the date of establishment and your name as the Initial Member. This section formalizes your role within the LLC.
Complete Article I by detailing the business purpose and registered office address, ensuring compliance with South Dakota regulations.
In Article II, specify your initial contribution amount, which represents your ownership interest in the LLC.
Review Articles III through IX carefully, filling out any necessary fields regarding management structure, voting rights, and dissolution procedures.
Finally, ensure all sections are completed accurately before saving and signing the document electronically for a seamless process.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Does South Dakota require an operating agreement for an LLC?

South Dakota, like most states, doesnt require LLCs to adopt an operating agreement. Though youre not legally required to create one, making an operating agreement for your company is important.

How to write an operating agreement for single member LLC?

What To Include in a Single-Member LLC Operating Agreement Name of LLC. Principal Place of Business. State of Organization/Formation. Registered Office and Registered Agent. Operating the LLC in Another State (Foreign LLC) Duration of LLC. Purpose of LLC. Powers of LLC.

Can a single-member LLC be member managed?

In many cases, single-member LLCs opt to be member-managed. However, a single-member LLC can also be manager-managed if the owner does not want to manage the LLC. For federal income tax purposes, a single-member LLC is a disregarded entity and still has asset protection.

How to open LLC in South Dakota?

3:01 4:16 Name. Step three provide your business. Address. Step four select a registered agent. Step fiveMoreName. Step three provide your business. Address. Step four select a registered agent. Step five enter your organizers. Information. Step six enter your manager or member. Information.

Is an operating agreement required for a single-member LLC in California?

California doesnt require an SMLLC to have an operating agreement. However, even though an SMLLC has just one member, an operating agreement is highly recommended. You dont need to file your operating agreement with the state, but you should keep a copy of it at your principal office.

What happens if I dont have an operating agreement?

Legal Vulnerabilities: An operating agreement reinforces the limited liability status of an LLC, protecting members personal assets from business liabilities. Operating without this document could expose members to increased legal risks, potentially jeopardizing their personal assets.

Can I write my own operating agreement?

Or, if you want to try drafting your own, have a lawyer review it before the members (owners) sign. But if you want to try drafting an LLC operating document yourself, be careful when it comes to free templates. Your agreement should take into consideration the type of business and the state in which you operate.

Single Member Limited Liability Company LLC Operating Agreement - South Dakota 2025

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