Utah LLC Operating Agreement Templates

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A Utah LLC operating agreement is a legal document that would be utilized by a company of any size, to not only establish company standard operating procedures and policies (among other aspects of the business), but to offer the members/owner(s) the needed protections that the document will provide.

The State of Utah will not require this document as a prerequisite to conducting business within their State. However, without the placement of the document, the members/owner(s) may expose their personal assets and financial accounts to vulnerabilities in the event that their company would be presented with any form of litigation. With the implementation of the document, each member’s/owner’s personal properties would remain protected while leaving all liabilities to their company. With the placement of the document, the company would also have the opportunity to take advantage of tax options once the document has been completed and filed.

Utah Revised Uniform Limited Liability Company Act – Title 48, Chapter 3A

Operating Agreement Laws§ 48-3a-112

State Definition§ 48-3a-102(16)

Table of Contents

By Type (2)


Multi-Member LLC Operating Agreement – For use by a company that has two (2) or more owners.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 

 


Single Member LLC Operating Agreement – To be used by a sole proprietor creating a company with only one (1) owner.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 

 


How to Form an LLC in Utah (6 steps)

All LLCs operating within the State of Utah need to be registered with the Division of Corporations and Commercial Code. However, it is best to Search for your LLC Name in the State’s database prior to filing to ensure that no other entity has taken or reserved the name. All duplicate and similar names will be declined by the State.

Step 1 – Registered Agent

Each LLC in Utah must designate and maintain a Registered Agent for the purpose of receiving service of process and government notices on behalf of the company. The agent may be an individual resident of the State or a qualified business operating within the State.

Step 2 – LLC Type

The Division of Corporations and Commercial Code has separate forms and fees for each LLC type. Therefore, you must make certain that you know which LLC type needs to be filed.

  • A Domestic LLC is a company formed within the State
  • Foreign LLC is a company initially formed in an outside jurisdiction

Step 3 – Complete the Application

From the following options, select the one which matches your LLC type and filing preference:

  • Domestic – Certificate of Organization
  • Foreign – Foreign Registration Statement

*Online filers will be required to create an Online Account in order to access the State’s filing portal.

Step 4 – Filing Fee

A $70 filing fee must be supplied upon completion of the application. The fee is payable by credit card (online) or with a check/money order made out to the ‘State of Utah’ (paper). If filing by mail, send all articles to the following address:

Utah Division of Corporations & Commercial Code, P.O. Box 146705, Salt Lake City, Utah 84114-6705

Step 5 – Operating Agreement (not required)

An operating agreement is a multi-purpose document which LLC owners may use to standardize the operating procedures and provisions of the company. The form outlines the general meeting times, managerial responsibilities, and financial investments of the members, among other things.

Step 6 – Employer Identification Number (EIN)

An Employer Identification Number (EIN) should be acquired once you’ve correctly filed your LLC with the State. This identifier is used when reporting tax information to the Internal Revenue Service, much like a Social Security Number. To apply, submit Adobe PDF Form SS-4 through the mail or complete the Online Application.

(Video) How to Make an LLC Operating Agreement in Utah