You can create your own LLC operating agreement, yes. A lawyer, the LLC’s owners or members, or both may draft the operating agreement. It is significant to remember that an operating agreement should be customized to your LLC’s particular requirements.
If a California LLC lacks an operating agreement, the default provisions of the California Corporations Code will apply to the LLC. As a result, the LLC will be controlled by the state’s default laws, which could not reflect the desires of the members. The members can alter the management and operating practices of the LLC to suit their requirements if an operating agreement is in place. Are you have to pay the $800 California LLC fee in the first year as well?
Yes, regardless of when in the year the LLC was founded, California LLCs must pay the $800 yearly franchise tax levy for the first year of business. The LLC formation fee is due on or before the fifteenth day of the fourth month. Penalties and interest may apply if the fee isn’t paid.
Do I Need an Operating Agreement to Open a Bank Account in Regards to This? Even though it is not necessary by law, the majority of banks want an operating agreement from an LLC in order to create a business bank account. This is due to the fact that the operating agreement specifies the LLC’s ownership and management structure, which the bank needs to know in order to open an account.
In conclusion, an operating agreement is strongly advised even if California law does not mandate that LLCs have one. The administration and operational procedures of the LLC may be altered by the members to suit their needs through the use of an operating agreement. Additionally, having an operational agreement in place helps clarify matters in the event of a legal dispute and help members stay out of conflict with one another.