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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111603
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Is it advisable or required for there to be witnesses and/or

Customer Question

Is it advisable or required for there to be witnesses and/or a notary present at a liquidation of Missouri LLC membership agreement signing? Are there alternative methods, videotaping for example?
Submitted: 7 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 years ago.
It is not required by law to have a witness or notary present at the signing. It is advisable only to the point that you would believe the parties signing would later try to allege they did not sign the agreement. However, their signing of the agreement without a witness or a notary still makes the agreement valid and binding. Videotaping would be excessive, but could be used as evidence if a party claimed they didn't sign. If you are thinking there are going to be problems, then the best way to do this is have it executed in your LLC's attorney's office with the attorney present.

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Customer: replied 7 years ago.
The signer that concerns me is unlikely to be able to make a legible signature (age 92). Any wisdom regarding such a situation?

Tragically, the member/manager/LLC attorney/brother is the one I would expect to cause problems by influencing my father/buyer subsequent to the liquidation, which my brother opposes.
Expert:  Law Educator, Esq. replied 7 years ago.
In that situation, YES a witness and also someone to attest to the fact that he can knowingly enter into such an agreement would be required. At this point is where you need to get an attorney involved and you may need to get a different attorney if the LLC attorney may be making waves over this. These family issues are always tragic. The biggest thing here is to show your father's knowing consent to the agreement and that no undue influence was used on your part. There is no easy out on this situation, including video.
Law Educator, Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.
Thanks a lot.
Expert:  Law Educator, Esq. replied 7 years ago.
Thank you.

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