The agreement can be drafted when the LLC is formed or after.
Delaware refers to the operating agreement as a limited liability company agreement and requires LLCs to have one. However, this agreement does not have to be in writing. California requires an LLC to have an operating agreement. Below is a list of states that require an operating agreement. Most states do not require an operating agreement but always recommend it. Since LLCs are regulated by state statutes, whether you need an operating agreement will depend on your state.
