A Utah LLC operating agreement is a legal document that outlines the relationships between owners, their rights and duties, and the conduct of the business of a limited liability company (LLC) in Utah. The agreement is not required to do business in Utah; however, it is highly advisable because it can resolve disputes and protect owners from lawsuits brought against the company. Every owner should keep a signed copy on file.

By Type (2)

Single-Member LLC Operating Agreement

Download: Adobe PDF, MS Word

Multi-Member LLC Operating Agreement

Download: Adobe PDF, MS Word

How to Form an LLC in Utah

• Filing fee: $70
• Processing time: 7 business days

1. Choose a Name

The first step is to browse the state’s database to determine whether the chosen name for the LLC is already registered to another entity. Click here to conduct a search. If available, the name can be reserved for 120 days.

2. Choose an LLC Type

Domestic LLC – For an LLC located within Utah.

• Online Filing – Select “Continue” to create a new account if the LLC does not already have one.
• Paper Filing – Submit the completed form and the filing fee to P.O. Box 146705, Salt Lake City, UT 84114-6705. Forms must not be handwritten.

Foreign LLC – For an LLC located outside Utah.

• Online Filing – Select “Continue” to create a new account if the LLC does not already have one.
• Paper Filing – Mail a completed Foreign LLC Registration Statement along with the filing fee to P.O. Box 146705, Salt Lake City, UT 84114-6705. Forms must not be handwritten.

3. Post-Formation

• LLC Operating Agreement – This agreement will codify the company’s policies, procedures, and plans.
• Federal Employer Identification Number (FEIN) – Select “Apply Online Now” in Step 3. See Publication 15 for a guide to paying tax as an employer in 2022.

Name Reservation

• Filing fee: $22

A name may be reserved for an applicant’s exclusive use for 120 days (§ 48-3a-109).

• Online Filing – Select “Continue” to create a new account. Payment can be made with a credit card.
• Paper Filing – Mail a completed Application for Reservation of Business Name plus payment for the filing fee to P.O. Box 146705, Salt Lake City, UT 84114-6705.

Renewing an LLC (Annual Report)

• Filing fee: $20

State law stipulates that every LLC must submit an annual report for filing each year following the calendar year in which the LLC became formally registered (§ 48-3a-212).

• Online Filing – Renew the LLC by entering the entity number and renewal or access ID, then clicking “Login.”

Dissolving an LLC

• Filing fee: None

The LLC can be dissolved upon the filing of a Statement of Termination with the Department of Commerce’s Division of Corporations & Commercial Code (§ 48-3a-703).

• Paper Filing – Submit the completed form to P.O. Box 146705, Salt Lake City, UT 84114-6705.

Statutes

• Utah Code, Title 48, Chapter 3a – Utah Revised Uniform Limited Liability Company Act

“Operating Agreement” Definition

• § 48-3a-102

“Operating agreement” means the agreement, whether or not referred to as an operating agreement and whether oral, implied, in a record, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in Subsection 48-3a-112(1). The term includes the agreement as amended or restated.