Corporate Law
📍 Jurisdiction: State of DE · 👁️ 864 views · Posted by Sophia Chen
Do I need a custom Operating Agreement for a Single-Member LLC in Delaware?
I am the only owner of my Delaware LLC. Is it strictly necessary to have an Operating Agreement since Delaware does not require it to be filed with the Secretary of State?
Verified Attorney Responses (1)
Kenneth R. Feinberg
✓ LICENSED COUNSEL
Feinberg Rozen, LLP · State of NY Bar
Even though Delaware Division of Corporations does not require you to file your Operating Agreement publicly, it is the single most critical legal shield you have. Without a written Operating Agreement establishing company separateness, a plaintiff in a lawsuit can easily "pierce the corporate veil," claiming the LLC is merely an alter ego and holding your personal bank accounts liable. Additionally, US business banks (Mercury, Chase, Bank of America) mandate an executed Operating Agreement prior to approving business merchant facilities.
Submitted: Nov 01, 2026
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