A Vermont LLC operating agreement is a legal document that codifies the structure and operations of a limited liability company (LLC) in Vermont. While not required by the state, the operating agreement can mitigate the possibility of disputes among members and also protect members’ assets from claims made against the company. The operating agreement can establish such matters as financial reporting and accounting, the transfer of interests, and dissolution, among others.
By Type (2)
Single-Member LLC Operating Agreement
Multi-Member LLC Operating Agreement
Table of Contents |
How to Form an LLC in Vermont
- Filing fee: $125
- Processing time: 1 day (online filings), 7-10 business days (paper filings)
1. Choose a Name
A business name can be reserved while the LLC is being registered. To check the state’s database in order to determine whether a desired name is available, use the state’s search function. See rules for business names here.
2. Choose an LLC Type
Domestic LLC – For an LLC located within Vermont.
- Online Filing – Select “Click To Acknowledge” to file online.
- Paper Filing – Vermont prefers online filings, but paper forms can be requested through this page. Simply enter your name and email, then click “Next.” Print the completed paper form and mail it, together with a check made out to Vermont Secretary of State for the filing fee, to Vermont Secretary of State, Corporations Division, 128 State Street, Montpellier, VT 05633.
Foreign LLC – For an LLC located outside Vermont.
- Online Filing – Select “Click To Acknowledge” to file online.
- Paper Filing – Vermont prefers online filings, but paper forms can be requested through this page. Simply enter your name and email, then click “Next.” Print the completed paper form and mail it, together with a check made out to Vermont Secretary of State for the filing fee, to Vermont Secretary of State, Corporations Division, 128 State Street, Montpellier, VT 05633. Foreign applications must be accompanied by a Certificate of Good Standing.
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: $20
An LLC name can be reserved for an applicant’s exclusive use for 120 days (§ 4006). This period can be extended by application.
- Online Filing – Select “Click To Acknowledge” to create a new user account.
Renewing an LLC (Annual Report)
- Filing fee: $35 (domestic LLCs), $140 (foreign LLCs)
Every LLC operating in Vermont must file an annual report with the Secretary of State within three months after the end of the company’s fiscal year (§ 4033).
- Online Filing – Enter User ID and Password, then click “Login” to file an annual report online. For instructions, click here.
Dissolving an LLC
Filing fee: $20
Articles of termination must be filed with the Secretary of State in order for an LLC to be dissolved (§ 4105).
- Online Filing – Log in to file articles of termination with the Secretary of State.
Statutes
“LLC Operating Agreement” Definition
“Operating agreement” means any form of description of membership rights and obligations under section 4003 of this title, stored or depicted in any tangible or electronic medium, which is agreed to by the members, including amendments to the agreement.
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