LLC operating agreement in CA - deadline to submit them?

Asked over 1 year ago - San Francisco, CA

If the members write and sign an operating agreement, are there any legal deadlines for submitting them in order to effect the change? one of the members who was tasked to do this did not do it and it's been a few months since we signed it.

Attorney answers (3)

  1. Bryant Keith Martin

    Contributor Level 18

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    Answered . There is no need to submit the signed Operating Agmt to the Sec’y of State of CA or any other state office as a matter of course. Some licensing agencies might require that it be filed and your bank might want to see it. It will be effective when fully signed by all members.
    Usually the problem is that the OA doesn’t get drafted or signed until some dispute has arisen among the members, by which time it is too late.

    DISCLAIMER—This answer is for informational purposes only under the AVVO system, its terms and conditions. It is... more
  2. Pamela Koslyn

    Contributor Level 20

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    Answered . An LLC's Operating Agreement is an internal document that doesn't need to be submitted to anyone (at elast not anyone int he State's Secretary of State's office), if that's what you mean.

    Do this right --each LLC member should have their own lawyer, or at least the LLC should have its own lawyer, assuming all members agree on the organization.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
  3. Evelyn Susan Ginossi

    Contributor Level 9

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    Answered . I agree with my colleagues. You do not need to submit the Operating Agreement to the California Secretary of State. However, do remember that you need to file a Statement of Information (LLC-12) with the Secretary of State within the first 90 days of entity formation and biennially thereafter.

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