Arkansas · Operating agreement
Arkansas LLC operating agreement
What Arkansas's LLC act says about operating agreements, what applies without one, and a free template to build yours.
Build my Arkansas operating agreementWhat Arkansas’s LLC act says
The quotes behind this section come from the act as the legislature passed it; later amendments may differ.
Arkansas's LLC act defines the operating agreement as the agreement of all the members, including a sole member, whether or not it is called an operating agreement. 4
Arkansas's LLC act says an operating agreement may be oral, implied, in a record, or any mix of those. 4
What Arkansas’s act does not let an agreement change:
- It cannot remove the duty of loyalty or the duty of care 1
- It cannot excuse bad faith or willful misconduct 1
- It cannot unreasonably block a member's right to sue 1
One-member company. Arkansas's LLC act counts a sole member's agreement as an operating agreement, since the definition covers all the members including a sole member. 4
Not confirmed for Arkansas from an official source: whether an Arkansas agreement is filed with the state.
What happens with no agreement
Arkansas's LLC act makes a company member-managed unless its operating agreement says it is manager-managed or uses words to that effect. 2
Arkansas's LLC act says distributions before dissolution are made in equal shares among members, with limited exceptions for transfers and charging orders. 3
What the template covers in Arkansas
- Company Details. The company's name, state, effective date and principal office.
- Members & Management. Who the members are, whether there is one or several, and who runs the company.
- Capital & Distributions. What each member puts in and how profit is paid out.
- Taxes. The federal tax treatment the company reports under.
- Transfers & Buyout. What happens when a member sells, leaves or is bought out.
- Governance & Legal Terms. How votes, outside work, confidentiality and disputes are handled.
- Succession. Who takes over a single-member company if its member cannot act.
- Notarization. An optional notary acknowledgment page.
Arkansas’s default management and profit rules are in the sections above. In the template you pick member-managed or manager-managed, and ownership share or equal shares for profit.
You also choose single-member or multi-member. The text is built in the Document Builder, not printed here.
Where it fits when you form an Arkansas LLC
You form an Arkansas LLC by filing with Arkansas’s Secretary of State.
The Arkansas annual franchise tax report is due May 1 every year. 5
Search the Arkansas business records at the Secretary of State before you file: Arkansas entity search.
The operating agreement for an Arkansas LLC is separate from the Arkansas formation filing.
Common questions
Is an operating agreement required for an LLC in Arkansas?
Arkansas's LLC act does not tell an LLC to adopt an operating agreement. Where the agreement does not cover a matter, the act's own rules in 4-38-105 govern it. 1
Is there an Arkansas LLC operating agreement template?
Yes, free in the Document Builder. PDF and Word downloads need a free account.
Can a single-member Arkansas LLC have an operating agreement?
Arkansas's LLC act counts a sole member's agreement as an operating agreement, since the definition covers all the members including a sole member. 4
Does an Arkansas operating agreement need to be notarized?
None of the Arkansas rules quoted on this page asks for a notary. The template adds an optional notary page.
Where do I keep an Arkansas operating agreement, and is it filed?
We could not confirm from an official Arkansas source whether the agreement is filed with the state. What does go to the filing office is the formation filing, made with Arkansas’s Secretary of State. 6
Also in Arkansas
Sources 6 links, checked Sep 1, 2026 to Nov 13, 2026
- Arkansas LLC act, section 4-38-105. Text of the act as passed; later amendments are not shown. arkleg.state.ar.us, checked Nov 13, 2026
To the extent the operating agreement does not provide for a
- Arkansas LLC act, section 4-38-407. Text of the act as passed; later amendments are not shown. arkleg.state.ar.us, checked Nov 13, 2026
A limited liability company is a member-managed limited liability
- Arkansas LLC act, section 4-38-404. Text of the act as passed; later amendments are not shown. arkleg.state.ar.us, checked Nov 13, 2026
dissolution and winding up must be in equal shares among members and persons
- Arkansas LLC act, section 4-38-102. Text of the act as passed; later amendments are not shown. arkleg.state.ar.us, checked Nov 13, 2026
referred to as an operating agreement and whether oral, implied, in a record …
- Arkansas annual franchise tax / report sos.arkansas.gov, checked Sep 1, 2026
- Official state fee schedule for LLC filings sos.arkansas.gov, checked Oct 18, 2026
Each source shows the date it was checked. The newest check is Nov 13, 2026.
This page explains Arkansas’s rules. It is not legal or tax advice.
Ready to file? Start your Arkansas LLC.