A West Virginia limited liability company operating agreement is a contract that binds each of its signature members to a blueprint defining how the company shall conduct business. Certain declarations, such as how the West Virginia LLC should be taxed, should be included as an added measure of definition. Business owners may draft this agreement at any time but would do well to seek consultation and engage in adequate research before committing their signature.

Is it REQUIRED in West Virginia?

No. West Virginia state law does not demand limited liability companies to adopt an operating agreement regardless of the number of members making up the entity. West Virginia LLC members are encouraged to do so, as this internal document will provide a number of benefits.

By Type

Single-Member LLC operating agreement – The contract that West Virginia limited liability companies that have just one (1) member should download and use to define their internal environment.

Download; PDF, MS Word

Multi-Member LLC operating agreement – West Virginia limited liability companies requiring a contract to describe how members and the company will operate should download the PDF or Word version below if they have at least two (2) members.

Download; PDF, MS Word

State Definition

§31B-1-101

“(16) ‘Operating agreement’ means the agreement under section 1-103 concerning the relations among the members, managers and limited liability company. The term includes amendments to the agreement.”