Require operating agreement llc delaware

What we’ll cover

• Delaware LLC Operating Agreement FAQs
• Delaware LLC Operating Agreement checklist

What is a Delaware LLC Operating Agreement?

A Delaware LLC Operating Agreement is a legal document that outlines how a Delaware LLC will be run. Delaware LLC Operating Agreements list all LLC owners (known as “Members”), their contribution amounts, and their ownership interest percentages. They also establish the general operating rules of your LLC, including how voting will work, buy-out provisions, and the management structure.

When can you use a Delaware LLC Operating Agreement?

• You run a business in Delaware, which requires you to have an LLC Operating Agreement.
• You are starting or managing an LLC and need to open a business bank or credit account, buy property, or secure funding.
• You run or manage an LLC with one or more partners and want to outline how much they each contributed and how the business will protect their interests.
• You want to run your LLC or distribute profits and losses differently than the state's default method.
• You want to establish a clear distinction between yourself and your LLC by further defining and documenting it as a separate legal entity.

Is an LLC Operating Agreement required in the state of Delaware?

Yes, Delaware LLCs are required to have an Operating Agreement.

The Delaware Code states, "A limited liability company agreement shall be entered into or otherwise existing either before, after or at the time of the filing of a certificate of formation and, whether entered into or otherwise existing before, after or at the time of such filing, may be made effective as of the effective time of such filing or at such other time or date as provided in or reflected by the limited liability company agreement."

Topics not expressly outlined in your Operating Agreement are governed by Delaware Code Title 6 Ch. 18: Delaware Limited Liability Company Act (Delaware Code Title 6 § 18-101 – 18-1208).

Take the next step: Register your LLC now

Many business owners opt to register their LLC after creating an LLC Operating Agreement. If this sounds like you, Rocket Lawyer can make your next step easy.

With Rocket Legal+, you can get fast, personalized support to start your LLC. Your first registration is FREE*, and you can keep your LLC compliant with HALF OFF professional services for trademarks, taxes, and more. *See details

Sample Delaware LLC Operating Agreement

The terms in your document will update based on the information you provide

Related documents

Rocket Lawyer members who started a free Delaware LLC Operating Agreement also made:

Ask a lawyer

Start your Delaware LLC Operating Agreement now and get Rocket Lawyer FREE for 7 days

Get legal services you can trust at prices you can afford. You'll get:

Trusted and secure

Legal sources

Find the sources and laws relevant to your Delaware LLC Operating Agreement below:

• Revised Uniform Limited Liability Company Act (RULLCA)
• Delaware Code Title 6, Chapter 18: Limited Liability Company Act (DE Code § 18)

• Home
• Legal documents
• Sign documents
• File taxes
• Incorporation
• Business filings
• Ask a lawyer
• Lawyer directory
• Pricing
• Legal resources
• Mobile apps
• Site map
• Do not sell or share my personal information

• Register an LLC
• Register a C-corp
• Register a S-corp
• Register a nonprofit
• Get a registered agent
• Business name generator

• Register a trademark
• File a DBA
• File an annual report
• File Articles of Amendment
• File Articles of Dissolution

• Group legal benefits
• Join our attorney network
• Partner with us
• Get access to our APIs
• Careers

• About us
• Newsroom
• Contact us

• CHAT WITH US 〉

• Call us Monday-Friday 6am-6pm PT

Copyright Rocket Lawyer Incorporated.

Rocket Lawyer is an online legal technology company that makes the law simpler and more affordable for businesses, families and individuals. Rocket Lawyer has helped over 20 million businesses, families and individuals make legal documents, get attorney advice, and confidently protect their futures.

Legal information and other services are delivered by or through Rocket Lawyer via RocketLawyer.com. Please note that Rocket Lawyer is not a "lawyer referral service," "accountant referral service," accounting firm, or law firm, does not provide legal or tax advice or representation (except in certain jurisdictions), and is not intended as a substitute for an attorney, accountant, accounting firm, or law firm.

The Utah Supreme Court has authorized Rocket Lawyer to provide legal services, including the practice of law, as a nonlawyer-owned company; further information regarding this authorization can be found in our Terms of Service.

Use of Rocket Lawyer is subject to our Terms of Service and Privacy Policy.