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John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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can you be bound to an operating agreement if you were never

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can you be bound to an operating agreement if you were never provided one nor were asked to sign it?
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

In a multi-member organization an operating agreement is supposed to the "contract" between the members on how the business is to be operated and even dissolved. The enforceability of the agreement as such is governed by the law of contract. One element of contract is a knowing consent to its terms. In your scenario you are stating you've never seen or signed the agreement, and I'm presuming you had no idea the of its contents. Thus, I'd have to opine that it is not binding on you as a contract. Unfortunately disputes like this happen frequently and end up in litigation.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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