Your Florida LLC Operating Agreement is a legal document outlining your company’s organizational structure and policies. A strong Florida operating agreement will include information about how decision-making power is distributed, how a company is managed, how profits are handled, and how problems are resolved, or—should it ever come to this—how your company will be dissolved.
Unlike your Florida Articles of Organization, an operating agreement is an internal document, which means you won’t file it with the Florida Department of State. However, having an operating agreement that’s customized to suit the needs of your company is essential. At Northwest, we offer a range of free attorney-drafted operating agreement templates for different management structures.
Is an operating agreement required in Florida?
No, statutes don’t specifically require a Florida operating agreement. However, if you don’t have an operating agreement, your LLC will be governed by the Florida Revised Limited Liability Company Act.
Do I have to file my operating agreement in Florida?
Nope. Your operating agreement is an internal document, so you’ll keep it on file with your business records.
Does a single-member LLC need an operating agreement?
In fact, yes. Though it may seem irrational, even a single-member LLC will need an operating agreement for several important aspects of maintaining an LLC, like opening a bank account and reinforcing limited liability. An operating agreement is also necessary for overriding Florida’s default LLC laws.
*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.