Study · statute-sourced · 2026
Which States Actually Require an LLC Operating Agreement?
Short answer: 4 out of 51 — California, Maine, Missouri, New York — and none of them penalizes you for skipping it. The real risk everywhere else isn’t a fine: it’s that your state’s default rules take over, and they rarely match what the owners intended. Every claim below is cited to the state LLC act.
Quick answers
Which states require an LLC operating agreement?
California, Maine, Missouri, New York. In each, the LLC act says members “shall” adopt one (New York within 90 days of formation, the others without a statutory deadline) — but none imposes a fine or dissolution for non-compliance, so enforcement is effectively nil.
What happens if my LLC has no operating agreement?
Your state’s LLC act fills the gaps with default rules — and they are often not what owners expect. Common defaults include equal profit splits regardless of capital contributed and unanimous consent for admitting new members. Each state row below quotes one verified default rule.
Can an operating agreement be oral?
In 45 states the statute expressly recognizes oral (and often implied) operating agreements. Only Alaska, Michigan and New Mexico restrict the statutory definition to a written agreement — as does New York among the mandate states. In practice, banks, investors and courts all expect it in writing regardless.
Does a single-member LLC need an operating agreement?
Legally, only in the 4 mandate states (California, Maine, Missouri and New York), which apply the requirement to single-member LLCs too. Even where it is optional, it is the main document courts look at to respect the liability shield of a one-owner company.
Does an operating agreement need to be notarized?
No — none of the 51 LLC acts (50 states + DC) requires it. In 45 states the act accepts an oral or implied agreement, which can't be notarized; Hawaii and Vermont set no particular form; and Alaska, Michigan, New Mexico and New York only require it to be written. Notarizing the members' signatures is optional.
4
states say you shall adopt one
0
states impose a penalty for not having one
4
states only count a written one (AK, MI, NM, NY)
45
states expressly accept oral agreements
The 4 mandate states
Effectively required: the California Secretary of State states an operating agreement 'is required' (it is maintained by the LLC, never filed with the state). However, RULLCA contains no express 'shall adopt' clause or penalty — the requirement is satisfied by an oral, implied, or written agreement of the members, and Corp. Code § 17701.13(d)(5) requires keeping a copy only 'if in writing.' (The pre-2014 act's express requirement, former § 17050(b), was not re-enacted verbatim.)
Source: Cal. Corp. Code § 17701.02(s) (California Revised Uniform Limited Liability Company Act)
31 M.R.S. § 1531(1)(B): "A limited liability company agreement must be entered into or otherwise existing" — it may be entered into before, after, or at the time of filing the certificate of formation. Because § 1502(15) defines the agreement as "written, oral or implied," an oral or even implied agreement satisfies the requirement; nothing is filed with the state. Note: certain modifications (e.g., of fiduciary duties, § 1521(3)) require a WRITTEN agreement.
Source: 31 M.R.S. § 1502(15) (definition); 31 M.R.S. § 1531(1)(B) (agreement must exist); 31 M.R.S. § 1521 (scope) (Maine Limited Liability Company Act (31 M.R.S. §§ 1501–1693; short title per 31 M.R.S. § 1501))
Mo. Rev. Stat. § 347.081.1: "The member or members of a limited liability company shall adopt an operating agreement..." — an affirmative statutory duty. Because § 347.015(13) defines the operating agreement as "any valid agreement or agreements, written or oral, among all members, or written declaration by the sole member," an oral agreement satisfies it for multi-member LLCs; a single-member LLC needs a written declaration. Nothing is filed with the state and the statute specifies no penalty for noncompliance.
Source: Mo. Rev. Stat. § 347.081.1 (shall adopt); § 347.015(13) (definition) (Missouri Limited Liability Company Act (Mo. Rev. Stat. §§ 347.010–347.187))
REQUIRED and must be written. NY LLC Law § 417(a): "the members of a limited liability company shall adopt a written operating agreement". It may be entered into before, at the time of, or within 90 days after the filing of the articles of organization (§ 417 per current nysenate.gov text). The statute specifies no penalty for noncompliance: New York courts have not invalidated LLCs or stripped limited liability for failure to adopt one; the LLC Law's statutory default rules simply govern.
Source: N.Y. LLC Law § 417 (written operating agreement required; 90-day window) (New York Limited Liability Company Law)
The other 47 states: optional, but the defaults bite
Where it’s optional, the LLC act supplies the rules you didn’t write. Each row quotes the statutory definition’s operative words (written / oral / implied) and, where verified, one default rule that applies without an agreement.
| State | Operating agreement (statutory definition) | Source |
|---|---|---|
| Alabama oral OK | “written, oral or implied ('any agreement (whether referred to as a limited liability company agreement, operating agreement or otherwise), written, oral or implied')” Without one: Without an agreement, 'all members shall share equally in any distributions made by a limited liability company before its dissolution' — per capita, not by contribution (Ala. Code § 10A-5A-4.05(a)(1)). | Ala. Code § 10A-5A-1.02(l) |
| Alaska written only | “written only — the statute defines 'operating agreement' as 'a written agreement among all of the members of a limited liability company about conducting the affairs of the company' (oral or implied agreements are not recognized as the operating agreement)” Without one: Absent a contrary operating agreement, each member is first repaid the member's capital contribution and members then share equally in the profits and other assets of the company (AS 10.50.290 — Repayment of contribution and sharing of profits and other assets). | Alaska Stat. § 10.50.990(17) (definition); § 10.50.095 (adoption) |
| Arizona oral OK | “'whether oral, implied, in a record or in any combination thereof'” Without one: 'Any distribution made by a limited liability company before its dissolution and winding up must be in equal shares among members and persons dissociated as members' — per capita, not by contribution (A.R.S. § 29-3404(A)). | Ariz. Rev. Stat. § 29-3102(17) |
| Arkansas oral OK | “'whether oral, implied, in a record, or in any combination thereof'” Without one: 'Any distribution made by a limited liability company before its dissolution and winding up must be in equal shares among members and persons dissociated as members' — per capita, not by contribution (Ark. Code Ann. § 4-38-404(a)). | Ark. Code Ann. § 4-38-102(13) |
| Colorado oral OK | “written or oral — 'Except as otherwise provided in this article or as otherwise required by a written operating agreement, the operating agreement need not be in writing'” Without one: Profits and losses are allocated among members 'on the basis of the value, as stated in the limited liability company records..., of the contributions made by each member' — pro rata by contribution, not per capita (C.R.S. § 7-80-503). | Colo. Rev. Stat. § 7-80-102(11)(a) |
| Connecticut oral OK | “'whether oral, implied, in a record or in any combination thereof' (of all the members, including a sole member)” Without one: Connecticut modified the uniform act's equal-shares default: distributions before dissolution 'must be made among members and persons dissociated as members in that proportion which reflects contributions received by the limited liability company and not returned' (Conn. Gen. Stat. § 34-255c(a)). | Conn. Gen. Stat. § 34-243a(20) |
| Delaware oral OK | “'any agreement (whether referred to as a limited liability company agreement, operating agreement or otherwise), written, oral or implied'” Without one: Absent an LLC-agreement provision, profits/losses are allocated and distributions made 'on the basis of the agreed value (as stated in the records of the limited liability company) of the contributions made by each member' to the extent received and not returned (6 Del. C. §§ 18-503, 18-504). | 6 Del. C. § 18-101(9) |
| District of Columbia oral OK | “'whether oral, in a record, implied, or in any combination thereof'” Without one: 'Any distributions made by a limited liability company before its dissolution and winding up shall be in equal shares among members and dissociated members' — per capita, not by contribution (D.C. Code § 29-804.04(a)). | D.C. Code § 29-801.02(10) |
| Florida oral OK | “'which may be oral, implied, in a record, or in any combination thereof'” Without one: Florida rejected RULLCA's equal-shares rule: pre-dissolution distributions 'must be shared by the members and persons dissociated as members on the basis of the agreed value, as stated in the company's records, of the contributions made by each' — pro rata by contribution (Fla. Stat. § 605.0404(1)). | Fla. Stat. § 605.0102(45) |
| Georgia oral OK | “'any agreement, written or oral, of the member or members as to the conduct of the business and affairs of a limited liability company' (implied-by-conduct agreements are not mentioned)” Without one: Absent a contrary written operating agreement provision, 'profits and losses, and each item thereof, shall be allocated equally among the members' — per capita, not by contribution (O.C.G.A. § 14-11-403). | O.C.G.A. § 14-11-101(18) |
| Hawaii | “form not specified by statute — Hawaii's enactment omitted ULLCA's 'need not be in writing' phrase, and the definition in § 428-101 states no form words; no writing requirement is imposed” Without one: 'Any distributions made by a limited liability company, prior to dissolution and winding up, must be in equal shares' — per capita, not by contribution (HRS § 428-405(a)). | Haw. Rev. Stat. § 428-101 (definition); § 428-103(a) (effect) |
| Idaho oral OK | “'whether oral, implied, in a record, or in any combination thereof'” Without one: 'Any distributions made by a limited liability company before its dissolution and winding up must be in equal shares among members and persons dissociated as members' — per capita, not by contribution (Idaho Code § 30-25-404(a)). | Idaho Code § 30-25-102(9) |
| Illinois oral OK | “"whether oral, in a record, implied, or in any combination thereof" — 805 ILCS 180/1-5 (definition of "operating agreement", referencing Section 15-5)” Without one: Distributions before dissolution must be in equal shares among members (per capita) — 805 ILCS 180/25-1(a). | 805 ILCS 180/1-5 (definition); 805 ILCS 180/15-5 (operating agreement, scope) |
| Indiana oral OK | “"any written or oral agreement of the members as to the affairs of a limited liability company and the conduct of its business" — Ind. Code § 23-18-1-16” Without one: Profits and losses allocated on the basis of the agreed value, as stated in company records, of the contributions made by each member — Ind. Code § 23-18-5-3 (distributions likewise, § 23-18-5-4). | Ind. Code § 23-18-1-16 (definition); Ind. Code § 23-18-4-4 (effect of written provisions) |
| Iowa oral OK | “"whether oral, implied, in a record, or in any combination thereof" — Iowa Code § 489.102(19)” Without one: Distributions before dissolution must be in equal shares among members and dissociated members (per capita) — Iowa Code § 489.404(1). | Iowa Code § 489.102(19) (definition); Iowa Code § 489.105 (scope/function) |
| Kansas oral OK | “"written, oral or implied" — K.S.A. 17-7663(m) ("any agreement, whether referred to as an operating agreement, limited liability company agreement or otherwise, written, oral or implied, of the member or members")” Without one: Profits and losses allocated on the basis of the agreed value (as stated in company records) of the contributions made by each member — K.S.A. 17-76,101 (https://www.ksrevisor.gov/statutes/chapters/ch17/017_076_0101.html). | K.S.A. 17-7663(m) |
| Kentucky oral OK | “"any agreement, written or oral, among all of the members" — KRS 275.015(21) (for a single-member LLC, includes written documents or agreements between the sole member and the company)” Without one: Profits and losses allocated on the basis of the agreed value, as stated in company records, of the contributions made by each member — KRS 275.205. | KRS 275.015(21) (definition); KRS 275.180 (written-agreement requirements for certain waivers) |
| Louisiana oral OK | “"any agreement, written or oral, of the members" — La. R.S. 12:1301(A)(16) (for a single-member LLC: any written agreement between the member and the company memorializing its affairs)” Without one: Absent a written provision, interim distributions are made equally to the members (per capita) — La. R.S. 12:1324. | La. R.S. 12:1301(A)(16) |
| Maryland oral OK | “Definition is silent on form (§ 4A-101(q): "the agreement of the members and any amendments thereto"); § 4A-402(b)(2): "Unless the articles of organization specifically require otherwise, the operating agreement need not be in writing" (i.e., oral permitted; certain consents under § 4A-404 must be written)” Without one: Profits and losses allocated among members in proportion to their respective capital contribution values — Md. Code, Corps. & Ass'ns § 4A-503. | Md. Code, Corps. & Ass'ns § 4A-101(q) (definition); § 4A-402 (operating agreement) |
| Massachusetts oral OK | “"any written or oral agreement of the members as to the affairs of a limited liability company and the conduct of its business" — M.G.L. ch. 156C, § 2(9)” Without one: Profits and losses allocated on the basis of the agreed value, as stated in company records, of the contributions of each member — M.G.L. ch. 156C, § 29(a). | M.G.L. ch. 156C, § 2(9) |
| Michigan written only | “"a written agreement by the member of a limited liability company that has 1 member, or between all of the members of a limited liability company that has more than 1 member" — MCL 450.4102(2)(r) (written only)” Without one: Distributions shared in equal shares among members (per capita) for LLCs formed on or after July 1, 1997 (older LLCs keep contribution-based sharing unless changed) — MCL 450.4303. | MCL 450.4102(2)(r) |
| Minnesota oral OK | “"whether oral, in a record, implied, or in any combination thereof" — Minn. Stat. § 322C.0102, subd. 17” Without one: Distributions before dissolution must be in equal shares among members (per capita) — Minn. Stat. § 322C.0404, subd. 1. | Minn. Stat. § 322C.0102, subd. 17 (definition); § 322C.0110 (scope/function) |
| Mississippi oral OK | “"written, oral or implied" — Miss. Code § 79-29-105(t) ("'Operating agreement' or 'limited liability company agreement' means any agreement... written, oral or implied, of the member or members")” Without one: Profits and losses allocated on the basis of the agreed value, as stated in required company records (§ 79-29-115), of the contributions made by each owner of a financial interest — Miss. Code § 79-29-505. | Miss. Code § 79-29-105(t) |
| Montana oral OK | “Written or oral — the definition in § 35-8-102(23) ("an agreement, including amendments, as to the conduct of the business and affairs of a limited liability company... binding upon all of the members") specifies no form, and § 35-8-109(1) expressly says the agreement "need not be in writing".” Without one: With no operating agreement, each member shares equally in any distribution regardless of contribution size — Mont. Code Ann. § 35-8-601 ("each member shall share equally in any distribution"). | Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement) |
| Nebraska oral OK | “"whether oral, in a record, implied, or in any combination thereof" — Neb. Rev. Stat. § 21-102(14): "the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member".” Without one: With no operating agreement, pre-dissolution distributions "must be in equal shares among members and dissociated members" (per capita, not by contribution) — Neb. Rev. Stat. § 21-133(a) (RULLCA § 404). | Neb. Rev. Stat. § 21-102(14) (definition); § 21-110 (operating agreement scope) |
| Nevada oral OK | “"any valid agreement of the members as to the affairs of a limited-liability company and the conduct of its business, whether in any tangible or electronic format" — NRS 86.101. Nevada does not recognize oral or implied operating agreements; the agreement must exist in tangible or electronic form.” Without one: With no operating agreement provision, distributions "must be allocated proportionately to the value, as shown in the records of the company, of the contributions made by each member and not returned" — NRS 86.341. | Nev. Rev. Stat. § 86.101 (definition); § 86.286 (adoption optional) |
| New Hampshire oral OK | “"written, oral, or implied by course of dealing or otherwise" — RSA 304-C:40 (Form of Operating Agreement): unless a written operating agreement provides otherwise, an operating agreement, including amendments, may be written, oral, or implied by course of dealing or otherwise.” Without one: Unless the operating agreement provides otherwise, profits and losses are allocated on the basis of the agreed value of the contributions made by each member (received and not returned) — N.H. RSA 304-C:90. | N.H. RSA 304-C:16 (definition); RSA 304-C:40 (form) |
| New Jersey oral OK | “"whether oral, in a record, implied, or in any combination thereof" — N.J. Stat. § 42:2C-2: "the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member".” Without one: With no operating agreement, pre-dissolution distributions "shall be in equal shares among members and dissociated members" (per capita, not by contribution) — N.J. Stat. § 42:2C-34(a). | N.J. Stat. § 42:2C-2 (definition); § 42:2C-11 (scope) |
| New Mexico written only | “Written only — NMSA 1978, § 53-19-2(O): "'operating agreement' means a written agreement providing for the conduct of the business and affairs of a limited liability company and that agreement as amended in writing". New Mexico's statutory definition does not recognize oral or implied operating agreements.” Without one: If neither the articles of organization nor an operating agreement provides for allocation, profits and losses "shall be allocated among the members in proportion to the value of their respective contributions to capital, adjusted to reflect all withdrawals from capital" — NMSA 1978, § 53-19-22. | NMSA 1978, § 53-19-2(O) (definition) |
| North Carolina oral OK | “"written, oral, or implied, or any combination thereof" — G.S. 57D-1-03: "the operating agreement may be in any form, including written, oral, or implied, or any combination thereof" (subject to other controlling law).” Without one: Default interim distributions are made "in proportion to the ratios that the aggregate contribution amounts of the interest owners bear to one another" (pro rata by contributions) — N.C. Gen. Stat. § 57D-4-03. | N.C. Gen. Stat. § 57D-1-03 (definition of operating agreement) |
| North Dakota oral OK | “"whether oral, in a record, implied, or in any combination thereof" — N.D. Cent. Code § 10-32.1-02(36): "the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof" of all the members.” Without one: For LLCs created after July 31, 2017, default pre-dissolution distributions "must be in proportion to the value of the contributions of the members" (North Dakota amended away RULLCA's equal-shares default; LLCs created before that date keep equal shares) — N.D. Cent. Code § 10-32.1-30. | N.D. Cent. Code § 10-32.1-02(36) (definition); § 10-32.1-01 (citation) |
| Ohio oral OK | “"any valid agreement, written or oral, of the members, or any written declaration of the sole member, as to the affairs and activities of a limited liability company and any series thereof" — R.C. 1706.01(R). Written or oral (ORLLCA did not adopt RULLCA's "implied" language).” Without one: With no operating agreement provision, "all members shall share equally in any distributions made by a limited liability company before its dissolution and winding up" (per capita, not by contribution) — Ohio Rev. Code § 1706.29. | Ohio Rev. Code § 1706.01(R) (definition); § 1706.08 (effect) |
| Oklahoma oral OK | “"whether oral, in a record, implied, or in any combination thereof" — 18 Okla. Stat. § 2001: "'Operating agreement', regardless of whether referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, means any agreement of the members, including a sole member, as to the affairs of a limited liability company and the conduct of its business".” Without one: Except as the operating agreement provides otherwise, profits and losses are allocated "on the basis of the agreed value, as stated in the records of the limited liability company, of the contributions made by each member" (received and not returned) — 18 Okla. Stat. § 2025. | 18 Okla. Stat. § 2001 (definition; subsec. 16 in current numbering) |
| Oregon oral OK | “"any valid agreement, written or oral" — ORS 63.001: "'Operating agreement' means any valid agreement, written or oral, of the member or members as to the affairs of a limited liability company and the conduct of the limited liability company's business".” Without one: If neither the articles of organization nor any operating agreement provides for allocation, "profits and losses shall be allocated among all the members equally" (per capita) — ORS 63.185. | ORS 63.001 (definition); ORS 63.057 (operating agreement optional) |
| Pennsylvania oral OK | “"whether oral, implied, in record form or in any combination thereof" — 15 Pa.C.S. § 8812: "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)".” Without one: With no operating agreement provision, pre-dissolution distributions "shall be in equal shares among members and persons dissociated as members" (per capita, not by contribution) — 15 Pa.C.S. § 8844(a). | 15 Pa.C.S. § 8812 (definition); § 8815 (scope) |
| Rhode Island oral OK | “"any agreement, written or oral, of the members as to the affairs of a limited-liability company and the conduct of its business"; also "a document adopted by the sole member" of a single-member LLC (R.I. Gen. Laws § 7-16-2(23))” Without one: Profits and losses are allocated to each member "on the basis of the member's capital value" unless the articles of organization or operating agreement provide otherwise — R.I. Gen. Laws § 7-16-26. | R.I. Gen. Laws § 7-16-2(23) |
| South Carolina oral OK | “"may enter into an operating agreement, which need not be in writing, to regulate the affairs of the company and the conduct of its business" (S.C. Code § 33-44-103(a))” Without one: Distributions made before dissolution and winding up "must be in equal shares" (per capita, not by contribution) — S.C. Code Ann. § 33-44-405(a). | S.C. Code Ann. § 33-44-103 |
| South Dakota oral OK | “"any valid agreement, either written or oral, under § 47-34A-103 concerning the relations among the members, managers, and limited liability company" (SDCL 47-34A-101(14)); "need not be in writing" (47-34A-103(a))” Without one: Distributions made before dissolution and winding up "must be in equal shares" — SDCL § 47-34A-405(a). | SDCL §§ 47-34A-101(14), 47-34A-103 |
| Tennessee oral OK | “"'Operating agreement' means an agreement described in § 48-249-203(a)" (§ 48-249-102(24)); it may be written or oral — "an operating agreement need not be in writing" (§ 48-249-203(a))” Without one: If the LLC documents are silent, distributions (including on termination) "shall be allocated among the members and holders of financial rights in equal shares" — Tenn. Code Ann. § 48-249-305(b). | Tenn. Code Ann. §§ 48-249-102(24), 48-249-203 |
| Texas oral OK | “"'Company agreement' means any agreement, written, implied, or oral, of the members concerning the affairs or the conduct of the business of a limited liability company"; a single-member company agreement "is not unenforceable because only one person is a party" (§ 101.001(1))” Without one: Profits and losses "shall be allocated to each member ... on the basis of the agreed value of the contributions made by each member" as stated in company records — Tex. Bus. Orgs. Code § 101.201. | Tex. Bus. Orgs. Code §§ 101.001(1), 101.052 |
| Utah oral OK | “"the agreement, whether or not referred to as an operating agreement and whether oral, implied, in a record, or in any combination thereof, of all the members of a limited liability company, including a sole member" (Utah Code § 48-3a-102(16))” Without one: Distributions made before dissolution and winding up "must be in equal shares among members and persons dissociated as members" — Utah Code § 48-3a-404(1). | Utah Code §§ 48-3a-102(16), 48-3a-112 |
| Vermont | “"any form of description of membership rights and obligations under section 4003 of this title, stored or depicted in any tangible or electronic medium, which is agreed to by the members, including amendments to the agreement" (11 V.S.A. § 4001(20))” Without one: Profits and losses are allocated, and pre-dissolution distributions made, "in proportion to the agreed value ... of the contributions made by each member" — 11 V.S.A. § 4055(a)-(b) (Vermont rejected RULLCA's equal-shares default). | 11 V.S.A. §§ 4001(20), 4003 |
| Virginia oral OK | “members "may enter into any operating agreement to regulate or establish the affairs of the limited liability company"; "an operating agreement need not be in writing" (Va. Code § 13.1-1023(A)(1), (B)(1))” Without one: Profits and losses "shall be allocated on the basis of the value ... of the contributions made by each member" as stated in required records — Va. Code Ann. § 13.1-1029. | Va. Code Ann. § 13.1-1023 |
| Washington oral OK | “"the agreement, including the agreement as amended or restated, whether oral, implied, in a record, or in any combination, of the member or members ... concerning the affairs of the limited liability company and the conduct of its business" (RCW 25.15.006(8))” Without one: If the LLC agreement does not provide otherwise, "distributions are made in proportion to the agreed value of the contributions made and any contributions required to be made" — RCW 25.15.206. | RCW 25.15.006(8); RCW 25.15.018 |
| West Virginia oral OK | “"may enter into an operating agreement, which need not be in writing, to regulate the affairs of the company and the conduct of its business" (W. Va. Code § 31B-1-103(a))” Without one: Distributions made before dissolution and winding up "must be in equal shares" — W. Va. Code § 31B-4-405(a). | W. Va. Code § 31B-1-103 |
| Wisconsin oral OK | “"the agreement, whether or not referred to as an operating agreement and whether oral, implied, in a record, or in any combination thereof, of all the members of a limited liability company, including a sole member" (Wis. Stat. § 183.0102(13))” Without one: Pre-dissolution distributions "must be made proportionally among members and dissociated members on the basis of the value of the contributions made by each such member" (or per tax-basis capital accounts for LLCs taxed as partnerships) — Wis. Stat. § 183.0404(1) (Wisconsin rejected RULLCA's equal-shares default). | Wis. Stat. §§ 183.0102(13), 183.0105 |
| Wyoming oral OK | “"the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied or in any combination thereof, of all the members of a limited liability company, including a sole member" (Wyo. Stat. § 17-29-102(a)(xiv))” Without one: Pre-dissolution distributions "shall be in equal shares among members and dissociated members" except as otherwise provided in a written or verbal operating agreement — Wyo. Stat. § 17-29-404(a). | Wyo. Stat. §§ 17-29-102(a)(xiv), 17-29-110 |
Methodology
“Required” means the state’s LLC act says an LLC or its members shall adopt an operating agreement, per the statute text linked on each row (as of 2026). The written/oral classification quotes the act’s own definition of “operating agreement”. Default rules are single verified examples, not a complete list. This is a comparison of statutes, not legal advice.
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