The Oklahoma LLC operating agreement is a legal document that is provided for the purpose of guiding companies, with one or more members, through the process of establishing standard operating procedures, company policies, and member relations, among other important aspects of the company.
The State of Oklahoma does not require any company to hold this document in their possession in order to do business within the State. However, this is a vital document that all companies should strongly consider implementing inasmuch as, without it, every owner and/or contributing member places their private assets and financial accounts in a position of vulnerability. This document shall establish a position of separation between the owners/members and the company, keeping all personal assets protected from litigious activity or claims against the company.
Members/owners should closely review the document. If the language is not clear, for any reason, the owner/members should consider a consultation with an attorney for further assistance with the clarity of the language and possible completion of the document.
Table of Contents
Multi-Member – This form would be required for use by companies who have more than one member providing contribution to form one entity.
Single-Member – This would be the document to be selected if the business has one owner and therefore one member to be placed under the LLC protections.
The Oklahoma Secretary of State recommends that all business filers ensure that their operating name is available for use before attempting to apply for registration. If an application is submitted under a name which is not unique or distinguishable in Oklahoma, the application will be rejected. Therefore, it is best to in the State’s database to ensure that it is available.
Step 1 – Registered Agent
A Registered Agent is a person or business that accepts service of process in the event of litigation against the LLC. In Oklahoma, a Registered Agent may be either of the following:
- A person residing in the State
- A Domestic or Foreign business operating in the State
- The LLC itself (if filing as a Domestic LLC)
Step 2 – Which Type
Select your LLC type from the following list and complete the ensuing application:
- Domestic – Create a new LLC within the State
- File – or Adobe PDF
- *Foreign – Register a preexisting LLC, initially formed outside the State
- File – or Adobe PDF
*A Certificate of Existence (or document of similar import) must be included with all Foreign LLC applications.
Step 3 – Pay the Fee
The requisite processing fees are as follows:
- Domestic – $100
- Foreign – $300
If you are submitting your application online, you will be instructed to supply the fee once you’ve completed your application. Should you choose to file by mail, attach a check or money order made out to the ‘Oklahoma Secretary of State’ and send your filings to the following address:
Oklahoma Secretary of State, 421 N.W. 13th, Suite 210, Oklahoma City, Oklahoma 73103
Step 4 – Operating Agreement (optional)
The LLC operating agreement is a document used to establish policies as well as the working relationship between members (i.e. capital contributions, expected duties/responsibilities, rights). If you choose to implement this document, ensure that each member agrees to the provisions before signing it officially.
Step 5 – Employer Identification Number (EIN)
The Employer Identification Number (EIN) is an important piece of identification that the Internal Revenue Service issues to businesses for tax reporting purposes. It will be necessary to apply for an EIN if your company plans to hire employees or request loans from a financial institution.
- Apply for free on the or complete Form SS-4 and submit it by mail
Step 1 – Download the document. Submit the company name at the top of the document.
Step 2 – Agreement – Enter the effective date of the document. Supply the following:
- Check the box that will apply
- All required information
- Single-Member – Provide a company name and the state where the company is located. Submit the owner’s name. Provide the owner’s address
- Multi-Member – Submit each member’s name and full address
Step 3 – Name and Principal Place of Business – Provide the following:
- Registered name of the company
- The business address
- The city (where the company is located)
Review all remaining information. Enter any required information into the fields available.
Formation – Submit the following:
- The date of the company’s formation in dd/mm/yy format
- Review all of the information contained within the following titles:
Member Capitol Contributions –
- Check the applicable box
- Single-Members – Review the information
- Multi-Members – Submit each member’s name and enter all their contribution amounts
- Check the box that applies
- Single-Members – Read all of the information
- Multi-Members – Enter each member’s name and the Percentage Interests per individual member
- Members may continue by reviewing the remaining information
Step 4 – Books, Records and Tax Returns –
- Check an applicable box
- Review all information
Continue by reviewing the following titles (check applicable boxes if required):
- Bank Accounts
- Management of the Company
- Select and check the applicable box
- Single-Member – Read the information
- Multi-Members – Review
- Submit all appropriate limits agreed upon by the members
Step 5 – Titled Sections – If applicable, check the box – Read the following information:
- Meetings of Members – Enter a date indicating the date of an annual (yearly) meeting in dd/mm/yy format
- Assignment of Interests
- Ownership of Company Property (Single Owners)
- Right of First Refusal
- Admission of New Members
- Withdrawal Events
- Dissolution and Liquidation – Check the box that applies. Read the information
- Representations of Members
- Certificates Evidencing Membership (Multi-Member) – Provide a company name. Enter an effective date (dd/mm/yyyy)
- Indemnification (Owners)
Step 6 – Signatures – Enter the following:
- The document’s date of execution
- Signature of a company representative
- All members must submit signatures
Each member must receive a copy of the document to store with all other safely located business documents.