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LLC Question 169

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Question: Is it required under Missouri law to have an operating agreement for an LLC where I am the sole member? If not, why should I create such an operating agreement?

Response: The State of Missouri requires all LLCs to have an operating agreement. See MO Stat. Section 347.081.1. Why does this make sense? Because an outside party cannot tell who the members of an LLC are without an operating agreement. Check out the Missouri LLC Articles of Organization form. The members are not listed. The "organizers" do not have to be the members of the LLC. The organizer could be your attorney or accountant who filed the paperwork to get the LLC set up. Here is a link to the public record for a random LLC plucked from the MO Secretary of State's web site. Again, the members are not listed.

Submitted: 02/06/2008; Jonathan, Missouri
Response: 02/08/2008; JJR

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