Legal Question in Business Law in Alabama

Do I have to file an Operating Agreement for my LLC


Asked on 4/12/11, 9:38 am

1 Answer from Attorneys

Joshua Key The Law Offices of Joshua Key, PLLC

You are not required to have an operating agreement in the state of Alabama. When you file you will need the Articles of Organization with the local probate office. You should call ahead to make sure you have the right amount of copies. Now, I would tell you that it would be in your best interest to have an operating agreement, and I hope you do have one. If not, you should consider it because if you have multiple members, or will bring members in at a later date you really should have one to set out the rules of the business. Below are the steps to follow when starting a business.

1. Make sure your company name choice is available.

Your company name must include the correct corporate or LLC identifier:

Corporations: "Corporation", "Incorporated" or an abbreviation.

LLC�s: "Limited Liability Company" or an abbreviation.

Name Restrictions: Bank, Banking, Trust, Engineer (must be licensed)

2. File the correct paperwork with the State�s filing office.

For LLC�s you must file "Articles of Organization".

3. Hold the "Organizational Meeting" and adopt the Operating Agreement..

4. Obtain a Federal Employer Identification Number (FEIN) for your company and open a company bank account.

5. Get a local business license from the city (or county) where you will be doing business.

Good luck. If you have any questions or concerns you should always contact an attorney to help you.

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Answered on 4/12/11, 9:48 am


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