Adopting an operating agreement is not a mandatory step when forming an LLC in the State of Delaware. While not legally required, it is highly recommend that a document of this nature is drafted when an LLC is in the early stages of formation to serve as blueprint of the duties and responsibilities of all of the managing members of the entity. Adopting an operating agreement can often stem issues before they arise and, if needed, will enable the organizers of the entity to provide evidence in the case of a legal dispute. When adopting an operating agreement, ensure that it is done in accordance with Title 8 of the Delaware Code. Feel free to review our free template for this document linked below in both MS Word and Adobe PDF formatting.

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