New York LLC Operating Agreement Template
Download a llc operating agreement template specific to New York law. Includes state-mandated provisions, required language, and compliance with New York statutes.
New York LLC Operating Agreement Laws and Requirements
An LLC operating agreement in New York defines how your limited liability company is managed, how profits are distributed among members, and what happens if a member leaves or the company dissolves. In New York, an LLC operating agreement is legally required — New York LLC Law §417 mandates an operating agreement be adopted within 90 days of filing. The default rules are governed by New York Limited Liability Company Law (LLCL).
Without an operating agreement, New York's default LLC statutes govern your business — and these default rules rarely align with what members actually intend. For example, default rules may require equal profit-sharing regardless of capital contributions, allow any member to bind the company, or impose restrictive dissolution triggers. A properly drafted operating agreement overrides these defaults. New York does not currently offer series LLCs, which not available. Use our LLC operating agreement generator to create a New York-compliant agreement.
New York LLC Operating Agreement Requirements
Legal requirement: An operating agreement in New York is legally required — New York LLC Law §417 mandates an operating agreement be adopted within 90 days of filing.
Governing statute: New York LLC Law §417 provides the default rules when no operating agreement exists.
Filing: The operating agreement is an internal document — it is not filed with New York's Secretary of State.
Series LLC: Series LLCs are not available.
Annual compliance: biennial Statement of Information required
Management structure: The operating agreement must specify whether the LLC is member-managed or manager-managed under New York law.
Single-member LLCs: Even single-member LLCs in New York should have an operating agreement to demonstrate separation between personal and business assets.
Related Business Formation Documents for New York
Depending on your situation in New York, you may also need:
Complete Your New York Legal Document Package
A llc operating agreement is often one part of a larger legal need. Based on common New York requirements, you may also need:
New York LLC Operating Agreement FAQ
Does New York require an LLC operating agreement?
What should a New York LLC operating agreement include?
Does a New York LLC operating agreement need to be filed with the state?
Can a single-member LLC in New York operate without an operating agreement?
What happens if a New York LLC has no operating agreement?
Key LLC Operating Agreement Terms in New York
LLC Operating Agreement Templates by State
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Generate a professional, New York-compliant llc operating agreement tailored to your situation. AI-generated for speed or attorney-written for personalized drafting.
Attorney-Verified Document: This New York-specific template has been drafted and reviewed by licensed attorneys to ensure compliance with New York law. Laws change periodically — our legal team monitors legislative updates to keep templates current. For complex matters, we recommend consulting a licensed New York attorney. Legal Tank is not a law firm and use of our platform does not create an attorney-client relationship.
Reviewed by licensed attorneys · Editorial policy · Last updated March 2026