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A single-member LLC has one owner. The agreement is short, because there is nobody to vote against. Its job is to prove that the company has rules of its own and that the owner follows them. Download the Word file or the plain text version. The text is original, generic and free to use. It is not legal or tax advice.
What is in the single-member template?
The template has thirteen short sections:
- The company: name, state, formation date and office.
- Purpose of the business.
- Registered agent and office.
- The member and the starting capital.
- Management by the member, with the right to name a manager.
- Distributions and a separate bank account.
- Tax treatment you intend to use.
- The records the company keeps.
- Limited liability and cover for costs.
- Transfer of the interest.
- A named successor for death or incapacity.
- How the company ends.
- General terms and signature.
Why does a one-owner LLC bother?
Three practical reasons come up again and again:
- Banks. Many banks ask for the agreement, the formation papers and the EIN letter when you open a business account.
- Separation. A written record of how the company works helps show that you treat it as a business apart from you personally. Keep company money in the company account.
- Succession. The template asks you to name who takes over if you cannot act. Without that, your family may have to sort it out in court.
Whether this helps in a dispute depends on the facts and your state's law, so a lawyer should confirm.
How do you fill it in?
Start with the details that must match the state filing: the exact legal name, the state and the formation date. Then the registered agent. Our state guides list the agent rules and required name endings, for example Texas and Florida.
Choose the tax treatment line with care. A single-member LLC is treated by the IRS as separate from its owner unless it elects to be taxed as a corporation. That fact comes from the IRS LLC page. If you plan an S corporation election, read the Form 2553 guide.
What do you do after signing?
- Get the EIN if you have not yet. See how to get an EIN.
- Open the business bank account.
- Put the signed agreement, formation papers and EIN letter in one folder.
- Put the yearly report date in your calendar. Check annual report deadlines.
Back to the full guide: LLC operating agreement. Need the version for several owners? Use the multi-member template.