Arkansas LLC Operating Agreement
Set out who owns your Arkansas LLC, who manages it, and how profits are split — and download a print-ready PDF. Single-member or multi-member. Free, no signup. The preview updates as you type.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Arkansas LLC act rules · as of 2026
- Required by law?
- No — but strongly recommended
- Recognized form
- 'whether oral, implied, in a record, or in any combination thereof'
- Governing act
- Arkansas Uniform Limited Liability Company Act (Ark. Code Ann. § 4-38-101 et seq., adopted 2021)
Without an agreement: '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)). Source: Ark. Code Ann. § 4-38-102(13) · verify ↗.
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Why your Arkansas LLC needs this — even single-member
- It overrides the default rules. Without an agreement, the Arkansas Uniform Limited Liability Company Act (Ark. Code Ann. § 4-38-101 et seq., adopted 2021) decides how profits are split and who can act for the company — not you.
- It protects limited liability. A written agreement is core evidence that the LLC is a real, separate entity.
- Banks and lenders ask for it. Opening a business account or getting a loan routinely requires it.
Arkansas law
No — Arkansas does not require an operating agreement (as of 2026): Not required. Arkansas adopted the Uniform Limited Liability Company Act effective Sept. 1, 2021; an operating agreement is optional and statutory defaults govern matters it does not address.. But without one, the default rules of the Arkansas Uniform Limited Liability Company Act (Ark. Code Ann. § 4-38-101 et seq., adopted 2021) decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: Ark. Code Ann. § 4-38-102(13). Check the current Arkansas LLC rules before relying on any default.
Frequently asked questions
Is an operating agreement required in Arkansas?
No — Arkansas does not require an operating agreement (as of 2026): Not required. Arkansas adopted the Uniform Limited Liability Company Act effective Sept. 1, 2021; an operating agreement is optional and statutory defaults govern matters it does not address.. But without one, the default rules of the Arkansas Uniform Limited Liability Company Act (Ark. Code Ann. § 4-38-101 et seq., adopted 2021) decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: Ark. Code Ann. § 4-38-102(13).
Does the operating agreement get filed with the state?
No. Unlike the formation certificate (articles of organization), the operating agreement is an internal document — you sign it, keep it with your records, and give each member a copy. Banks, lenders, and courts may ask to see it, but no Arkansas agency records it.
Can the agreement be oral in Arkansas?
Arkansas's statute recognizes: 'whether oral, implied, in a record, or in any combination thereof' (Ark. Code Ann. § 4-38-102(13)). Even where oral or implied agreements count, put yours in writing — proving an oral term in a dispute between members is exactly the fight the document exists to prevent.
How does Arkansas compare? See which states actually require an operating agreement, every claim cited to the state LLC act.
How Arkansas compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Arkansas: Ark. Code Ann. § 4-38-102(13) ↗.
- Arkansas is one of 47 of 51 jurisdictions that leave the operating agreement optional (statutory default rules apply without one) (4 require an LLC to have an operating agreement).
The rest of what Arkansas requires
The figures below are Arkansas's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Arkansas page for that document.
- Security deposit cap · as of 2026
- 2 months' rent Ark. Code §18-16-305 ↗
- Deposit return deadline · as of 2026
- 60 days after move-out Ark. Code §18-16-305 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Ark. Code §18-16-305 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Ark. Code § 18-60-304; § 18-17-701; § 18-17-704 ↗
- Notice to cure a lease violation · as of 2026
- 14 days Ark. Code § 18-60-304; § 18-17-701; § 18-17-704 ↗
- Small claims limit · as of 2026
- $5,000 Ark. Code Ann. §§16-17-601 to -613 (attorney bar at §16-17-606) ↗
- Where you file · as of 2026
- Small Claims Division of the District Court · filing fee $65 statewide ($50 filing fee + $15 technology fee, Ark. Code Ann. §§16-17-705, 21-6-416); sheriff or certified-mail service costs extra Ark. Code Ann. §§16-17-601 to -613 (attorney bar at §16-17-606) ↗
- Rental application fee · as of July 2026
- No statutory limit Arkansas Code ↗
- Bill of sale notarization · as of 2026
- Not required Arkansas DFA / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization recommended Ark. Code §28-68-105 (form §28-68-301) ↗
- Recording a deed · as of 2026
- County Recorder — the Circuit Clerk serves ex officio as recorder in most counties (county clerk in a few) · no witnesses Ark. Code Ann. § 18-12-104 ↗
LLC operating agreement in other states
More Arkansas legal forms
Different state? See LLC operating agreements by state →