What is a requirement for forming an LLC?

For forming a Limited Liability Company (LLC), one of the primary requirements is to file articles of organization and adopt an operating agreement. The articles of organization are the foundational documents that officially create the LLC and must be filed with the appropriate state authority, typically the Secretary of State. This document outlines basic information about the LLC, such as its name, principal office, and registered agent.

In addition to filing the articles of organization, adopting an operating agreement is crucial for governing the internal operations of the LLC. The operating agreement sets forth the rights, responsibilities, and obligations of the members (owners) and defines how the LLC will be managed. This document is essential for addressing any potential disputes and ensuring that all members are aware of their roles and the operating procedures of the LLC.

While other actions like registering with state tax authorities may be necessary for various operational or compliance reasons, they are not fundamental requirements for the formation of an LLC, and neither is obtaining a corporate charter, which is specific to corporations. Filing a partnership agreement is also not relevant in this context, as LLCs do not adhere to partnership agreements.