Most states, including California, Texas, and New York, do not require notarization for operating agreements. In these jurisdictions, notarization remains voluntary and may be pursued to enhance document authenticity and credibility.
Just like wills, there is generally no requirement that a contract be notarized in order to be legally binding. However, if a party who signed a business agreement decides to dispute that agreement in court, a notarized contract can help a great deal.
Does an LLC operating agreement need to be notarized? An LLC operating agreement does not need to be notarized.
Check With Your Company Agent The registered business agent is often a commercial service that exists explicitly to serve this function. The agent may also be an individual officer in your LLC. Request a copy of the operating agreement from this individual or entity.
Once the document is signed by the members of the limited liability company, it acts as an official contract binding them to its terms.
How to create an LLC operating agreement in 9 steps Decide between a template or an attorney. Include your business information. List your LLC's members. Choose a management structure. Outline ownership transfers and dissolution. Determine tax structure. Gather LLC members to sign the agreement. Distribute copies.
As mentioned above, Articles of Organization are the filing documents used to form an LLC with the state. However, an LLC operating agreement establishes the rules and structure for the LLC. It's an important document that guides business decisions and helps address issues that arise while conducting business.
How to create an LLC operating agreement in 9 steps Decide between a template or an attorney. Include your business information. List your LLC's members. Choose a management structure. Outline ownership transfers and dissolution. Determine tax structure. Gather LLC members to sign the agreement. Distribute copies.
LLC operating agreements usually provide much more information, and almost all the provisions for how the business will be managed, and the rights, duties, and liabilities of members and managers are contained in the operating agreement. An operating agreement is a private document.