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What is an operating agreement?

An operating agreement sets out who owns and runs your LLC. What it covers, whether it's required, and why even single-member LLCs should have one.

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The operating agreement is your LLC's internal rulebook. Most states don't require it — but skipping it is a mistake, even for a one-person company.

What it covers

Do you need one?

Most states don't legally require it, but banks, investors, and courts often expect it — and it reinforces your liability protection by showing the LLC is a genuine separate entity.

Single-member LLCs too

Even solo owners benefit: it documents that the business is separate from you personally, which helps preserve the liability shield.

Some links on this page are partner links. We may earn a commission at no extra cost to you — always labeled. For official filings you can use your state's .gov registry directly. This is general information, not legal or tax advice.

Frequently asked questions

Is an operating agreement legally required?

In most states no, but a few require one. Regardless, it's strongly recommended for every LLC.

Can I write my own operating agreement?

Yes, many owners use a template. Complex ownership or investment situations warrant professional review.

Does a single-member LLC need an operating agreement?

It's not usually required but is highly advisable to reinforce the separation between you and the business.