What Is a Missouri LLC Operating Agreement?
A Missouri LLC operating agreement documents a business’s operations and ownership. This agreement outlines methods for officer appointments, management decisions, and profit distributions. A business may also include terms for voting and non-voting members and the various member classes or positions.
Legal Templates’s free Missouri LLC operating agreement offers guidance for businesses. Use our state-specific form for effective terms and documentation.
You can use an LLC operating agreement amendment to add or change the terms as needed.
Does Missouri Require an LLC Operating Agreement?
Yes, businesses in Missouri must create an LLC operating agreement. Under MO Rev Stat § 347.081, an LLC in Missouri cannot be formed without an operating agreement. While this form does not need to be filed with the Secretary of State or other government agency, it is necessary for the company’s internal records.
How to Form an LLC in Missouri
In addition to an LLC operating agreement, Missouri requires businesses to file an LLC articles of organization form. These forms together allow you to officially form a valid LLC in Missouri.
Missouri LLC Operating Agreement Legal Considerations
LLCs in Missouri use their operating agreement for guidance in legal matters. With an operating agreement, members can appoint an organizer, who may be a member of the business, but is not required to be. In addition, members of a member-managed company are liable for all state taxes owed by the company. If the company has an appointed manager or managers, the managers assume responsibility for the tax expenses.
Missouri does not require annual meetings, nor does it require an LLC to keep corporate minutes of any particular meetings. Missouri LLCs also do not have to issue certificates evidencing equity ownership or elect officers or directors.
The regulations and duties outlined in a Missouri LLC operating agreement vary. Under MO Rev Stat § 347.081, the operating agreement holds “the maximum effect to the principle of freedom of contract and to the enforceability.” This allows the agreement to set its own terms, which will generally be upheld by the court in the event of a dispute.
Depending on the LLC’s structure, choose a single-member or multi-member LLC operating agreement for specific guidelines.
Sample Missouri LLC Operating Agreement
Legal Templates’s free Missouri LLC operating agreement offers customizable terms to meet the needs of a business. Use our form, available in PDF and Word format, to set regulations for an LLC.
