Updated March 21, 2024
A Colorado LLC operating agreement allows the partners (members) of a company to enter its rules and ownership interest. Any binding language that the members agree upon can be included in an operating agreement. Such items include management (manager or member-managed), capital contributions, fiduciary duties, officer designation, and responsibilities of each member.
After the execution of an operating agreement, the members should keep a copy for their own records. It is not filed with any government office.
Is an Operating Agreement REQUIRED in Colorado?
No. A limited liability company can legally operate in Colorado without implementing an operating agreement.
By Type (2)
Single-Member LLC Operating Agreement – This document would be designed specifically for a sole proprietor (owner) to establish a single-member entity.
Download: PDF, MS Word (.docx), OpenDocument
Multi-Member LLC Operating Agreement – For a company or business that shall operate with more than one contributing, managing member.
Download: PDF, MS Word (.docx), OpenDocument
Table of Contents |
How to Form an LLC in Colorado (4 steps)
The Colorado Secretary of State requires all entities to operate under a unique business name that is distinct and dissimilar to that of any others currently registered in the State. Therefore it is best to conduct a Name Availability Search prior to filing to guarantee the usage of a name. It is also possible to reserve a name for up to 120 days by filing the Statement of Reservation of Name.
1. File Online
- Domestic – Articles of Organization
- Online (see Instructions)
- Foreign – Statement of Foreign Entity Authority
- Online – (see Instructions)
- Sample PDF
3. Operating Agreement (not required)
4. Employer Identification Number (EIN)
Laws
- Colorado Limited Liability Company Act – Title 7, Article 80
- Operating Agreement Statutes
“Operating Agreement” Definition
“Operating agreement” means any agreement of all of the members as to the affairs of a limited liability company and the conduct of its business. Except as otherwise provided in this article or as otherwise required by a written operating agreement, the operating agreement need not be in writing. An operating agreement may contain any provisions required or permitted by section 7-80-108 (1). An operating agreement includes any amendments to the operating agreement.