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The Alaska LLC operating agreement is a document which is recommended for limited liability companies of all types and sizes in the state. The legal document allows the owner(s) to outline the structure of business operations, including the rights and responsibilities of each member and the basis for how the business will run.

From AS 10.50.990 (2019):

(17) “operating agreement” means a written agreement among all of the members of a limited liability company about conducting the affairs of the company;

Alaska Operating Agreement Law

Per Sec. 10.50.095. of the Alaska Corporations and Association Statutes:

The members of a limited liability company may adopt an operating agreement for the company and may amend and repeal the agreement. The articles of organization may restrict or eliminate the power of the members to adopt, amend, or repeal an operating agreement.

Forming an LLC in Alaska

  1. Conduct a name search
  2. Choose a registered agent
  3. File formation articles
  4. Draft an operating agreement

To file formation articles, all Alaska LLCs need a legally registered business name. This name must include:

  • LLC
  • L.L.C.
  • Limited Liability Company

The name may not include other business designations like “corp” and must be distinguishable or unique from other business names in the state of all formation types.

The name may include restricted words that relate to the professional business type being included (university, attorney, bank), as long as a licensed practitioner is part of the LLC and completes required verification.

The name cannot include government agencies or their abbreviations.

To conduct the name search, use the Alaska Division of Corporations Database Search website.

Step 2: Choose Your Registered Agent

All Alaska LLCs must appoint a registered agent that will accept legal documentation on behalf of the company. This can be an individual or an agent service, with individuals requiring the following:

  • Be 18 years or older
  • Be available during business hours (9am – 5pm local time)
  • Be a resident of the state
  • Have a physical (not a P.O. Box) address in Alaska, as well as a mailing address within the state

When using a registered agent service, the agent must simply be authorized to do business in Alaska.

Step 3: File Your Formation Articles

In Alaska, formation articles are required for all types of LLCs, and depending on the type of entity being formed, the correct filing will vary.

Before filing formation articles, you will want to identify your NAICS code, which is required on formation articles as an indicator of your industry.

Domestic LLC formations (in-state) must complete Articles of Organization to be recognized as an LLC.

Online Filing (Domestic):

Mailed Filing (Domestic):

  • $250 filing fee
  • Turnaround time: 10 to 15 business days upon receipt
  • Fill out the form online or after printing and mail to:

State of Alaska
Corporations Section
PO Box 110806
Juneau, AK 99811-0806

In-Person Filing (Domestic):

  • $350 filing fee
  • Turnaround time: 10 to 15 business days
  • Fill out the form, print, and deliver to:

333 Willoughby Ave., 9th Floor
State Office Building
Juneau, AK 99801-1770

Foreign LLCs expanding to Alaska must file a Certificate of Registration.

Online Filing (Foreign):

Mailed Filing (Foreign):

  • $350 filing fee (plus optional $25 expedited processing fee)
  • Turnaround time: 10 – 15 business days upon receipt
  • Fill out the form and mail to:

State of Alaska
Corporations Section
PO Box 110806
Juneau, AK 99811-0806

In-Person Filing (Foreign):

  • $350 filing fee
  • Turnaround time: 10 to 15 business days
  • Fill out the form, print, and deliver to:

333 Willoughby Ave., 9th Floor
State Office Building
Juneau, AK 99801-1770

Step 4: Draft an Alaska Operating Agreement

While not legally required, it is highly recommended to create an operating agreement for LLCs in Alaska. This document provides protection for the directors of the LLC, providing an outline for voting rights, ownership percentages, responsibilities, profit and loss distribution, and more.

The operating agreement can settle disputes between directors, provide terms for buyouts or termination, and be used in court. It is recommended that all directors each keep a copy signed by all directors. However, the agreement does not need to be filed with the state.