Is an Unsigned Operating Agreement Binding?

Importance of Operating Agreements

  • An operating agreement outlines LLC finances and member roles.
  • For multiple member LLCs, it should be advisable although not required.
  • Whether to notarize depends on legal requirements and desired protection level.
  • It helps maintain separation between company operations and personal assets.
  • An operating agreement governs LLC operations.
  • Without one, your LLC could be subject to state laws not aligned with member intentions.

Signing an Operating Agreement

  • LLCs with multiple members should have one, even if not required by law.
  • Get together with co-owners and a lawyer to figure out what to cover.
  • Have everyone sign to make it legal.

Legal Aspects of Operating Agreements

  • An LLC can enter contracts, own property, and conduct business.
  • There is no requirement to notarize the operating agreement.
  • Without notarization, it is still legally binding among parties.
  • Some businesses will still have the signatures notarized to add formality.

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