The Missouri LLC operating agreement is a legal document that lets LLC owners outline the conduct of their business and set financial relationships among themselves. Missouri LLC owners can use this agreement to record their ownership percentages, allocate profits and losses, and much more. The State of Missouri requires all LLCs to create an operating agreement.
Table of Contents
Multi-Member – For an LLC with multiple owners to govern their financial relationships and the company’s internal conduct.
Single-Member – For an LLC with just one owner to establish the business’s internal operations and designate the owner as the sole authority.
One of the most important steps of the LLC filing process is the selection of a suitable business name. If the name you choose is already in use or reserved, you will need to change the name to one that is more distinguishable on the State’s records. Thus, you should perform a search of the name database prior to filing with the State to ensure the availability of your designation.
Step 1 – Appoint a Registered Agent
The LLC shall appoint a Registered Agent to receive annual state filings, service of process, or any other legal demand to be delivered to the LLC. In the State of Missouri, a Registered Agent may be one of the following:
- Domestic or Foreign corporation transacting business in the State
- Person with legal residence in the State
Step 2 – Articles of Organization/Application for Registration
Depending on your LLC type, you will need to submit either the Articles of Organization or Application for Registration, both of which may be filed online ( required) and by mail. Select your entity type and filing preference from the following options:
- Domestic – Articles of Organization
- File – or Adobe PDF
- *Foreign – Application for Registration
- File – or Adobe PDF
*A current Certificate of Existence must be included with all Foreign LLC filings.
Step 3 – Pay the Fee
Prepare the filing fee after completing your application. The fees for both Domestic and Foreign LLCs are as follows:
- Online – $50
- Adobe PDF – $105
Online applicants will finalize their registration upon payment of the fee. Those filing by mail must send all articles to the address listed below.
Corporations Division, P.O. Box 778, 600 W. Main St., Rm. 322, Jefferson City, MO 65102
Step 4 – Operating Agreement
Once you have completed your filing in the State of Missouri, you will be required to draft and implement an operating agreement. The form is a legal document that outlines the management structure of the LLC as well as the initial financial investments of each member, among various other provisions.
Step 5 – Employer Identification Number (EIN)
Issued by the Internal Revenue Service, the Employer Identification Number (EIN) allows the LLC to be recognized in the eyes of the federal government as a legitimate tax-paying entity. This number is necessary to conduct most financial transactions, such as paying employees and acquiring company credit cards. You may apply for an EIN by submitting one of the following applications:
Step 1 – Write the name of the LLC and the date just below. Choose whether the form is for a single-owner or multi-owner LLC. Next, enter the member’s name and address, or the multiple members’ names and addresses.
Step 2 – Section 1: Fill in the LLC’s name again, and write the street address of the company’s main office in Missouri.
Step 3 – Section 2: Show the company’s formation date by entering the date when its articles of incorporation were filed with the State.
Step 4 – Section 5: For companies with multiple owners who make capital contributions, enter the amounts here.
Step 5 – Section 6: If you select multiple-member here, enter the percentage of interest that corresponds with each owner.
Step 6 – Sections 9 and 12: In section 9, enter the sole owner’s name if the company only has one owner, and if not, enter the borrowing and spending limits the owners may employ below that, as well as the annual meeting date. And write the date and company name in section 12.
Step 7 – Complete the document by having the owners sign and print their names on the final page, along with entering the company’s name and date again.