Does a single-member LLC need an operating agreement in California?
Caleb Butler
Updated on April 01, 2026
Prepare an Operating Agreement California does not require an SMLLC to have an operating agreement. The operating agreement is usually made between the single member and the LLC itself. The agreement typically covers the member’s rights, duties, and obligations, as well as the SMLLC’s management structure.
What is a California single-member LLC?
Single member LLC Business type If your LLC has one owner, you’re a single member limited liability company (SMLLC). If you are married, you and your spouse are considered one owner and can elect to be treated as an SMLLC. They are subject to the annual tax, LLC fee and credit limitations.
California does not require an SMLLC to have an operating agreement. However, even though an SMLLC has just one member, an operating agreement is highly recommended. An SMLLC operating agreement does not need to be filed with the state.
What do you need to start a LLC in California?
The Articles of Organization for an LLC (limited liability company) in California is a legal document to officially form your business. You’ll be expected to provide the name of your LLC, choose a registered agent, list the services your LLC will offer, and pay the state filing fee.
How to register a limited liability company in California?
An LLC must have the same classification for both California and federal tax purposes. To register or organize an LLC in California, contact the Secretary of State (SOS): for more information. Every LLC that is doing business or organized in California must pay an annual tax of $800.
Who is the owner of a single member LLC?
If your LLC has one owner, you’re a single member limited liability company (SMLLC). If you are married, you and your spouse are considered one owner and can elect to be treated as a SMLLC.
Can a LLC be a limited liability partnership in California?
LLCs in California cannot provide professional services, which are any services that require a professional state license. If your business falls under this category, you can form a limited liability partnership instead of an LLC.
