![Pennsylvania LLC Operating Agreement Template [PDF]](https://contracts.net/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=384&q=75)
Define every detail of how your company will be operated by drafting the Pennsylvania LLC operating agreement using our advanced template.
Customized for Pennsylvania This document may be legally binding in Pennsylvania according to your state specific regulations.
The Pennsylvania limited liability company (LLC) operating agreement is a legal document that the members use to determine how the company will be operated and regulate their relationships within the company.
The LLC operating agreement, or business operating agreement, also outlines the initial contribution of each company member and determines the share of the company’s profits based on that contribution.
No, an operating agreement is not required when forming an LLC in Pennsylvania. However, many parties that want to outline the company’s management structure and regulate the operations within the company still choose to draft the operating agreement.
In Pennsylvania, you have four main types of operating agreements you can choose to draft for your LLC:
Title 15, Chapter 88 of the Pennsylvania Statutes regulates the status of limited liability companies in Pennsylvania.
Moreover, Section 8815 regulates the status of operating agreements in Pennsylvania.
Section 8812 provides a definition of the operating agreement as follows:
“‘Operating agreement’ - The agreement, whether or not referred to as an operating agreement and whether oral, implied, in record form or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning matters described in section 8815(a) (relating to contents of operating agreement). The term includes the agreement as amended or restated.”
Below, you can find the easiest way to form a limited liability company in Pennsylvania:
First, you should choose a business name that is distinguishable from other business names registered in Pennsylvania. Otherwise, your application might be rejected.
To check if your business name is distinguishable, visit the Department of State’s website and do a business name search.
You can choose between two types of LLCs:
Here, you should choose a person who will be in charge of receiving official notifications and documents on behalf of the LLC. You can appoint someone from your LLC, a lawyer, or a professional agency that provides these services.
The most essential requirement for the agent is that it be an individual with a registered address in Pennsylvania or an entity with the authority to operate within the state.
For domestic LLCs, you should file the Certificate of Organization. You can complete this step online or by filling out Form DSCB:15-8821-2.
For foreign LLCs, you should file the Foreign Registration Statement. You can complete this step online or by filling out Form DSCB:15-412.
Regardless of the type of LLC you are establishing, you must also submit the Docketing Statement.
The filing fee will depend on the type of LLC you are registering. For domestic LLCs, it is $125, and for foreign LLCs, it is $250.
When filing online, you will be instructed to pay with your credit card. However, if you are filing your application via mail, you should write a check, attach it to the application, and send it to the following address:
Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations, P.O. Box 8722, Harrisburg, PA 17105-8722
After registering your LLC, you can draft the operating agreement and outline the management structure of the company, as well as the rights and obligations of the LLC members.
If you want to open a company bank account or hire employees, you should obtain the EIN.
There are two options for getting the EIN:
