Found an issue on this page? Let us know and we will look into it as soon as possible.
Does all LLC members need to sign the same signature page of an operating agreement for it to be legal?
Anonymous2 views1 answers
We have 5 members in an LLC and we drew up an operating agreement. When we signed, each member signed their own individual agreement with the operating manager. Now one of the members is claiming that since we are not all on the same signature page, the agreement is not legal. The manager stapled the docs together but in fact, we did not sign and witness each other signing, we each signed in different states, and we had no legal witnesses.
Whether or not each of you members can sign a document on a different signature page depends on whether your LLC's Operating Agreement has a "counterpart" clause, which allows you do just that. A counterpart clause usually goes something like this: "This agreement may be signed in counterparts and by different parties in separate counterparts of the same document. Each counterpart when so executed will be deemed to be an original and all of which together will constitute one and the same agreement."
Disclaimer: This does not constitute legal advice, and should not be relied on, since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This will also not create an attorney-client relationship.
