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Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I need a car wash operating document review

Customer Question

I need a car wash operating document review
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well. I am a licensed attorney with over a dozen years of experience handling matters like this one. It is a pleasure to assist you today.

I will be happy to review it if you would like to link it or copy/paste it here.

Thanks!

Customer: replied 1 year ago.
Hi,Please see link to the operating agreement for 192 Car Wash http://championfish.com/carwash.pdf
Expert:  Delta-Lawyer replied 1 year ago.

Thanks. I will take a look and be back with you shortly.

Expert:  Delta-Lawyer replied 1 year ago.

I am going to be honest with you, I feel somewhat bad that I don't have any corrections, or really any criticism to make about the agreement. It is pretty standard, boilerplate stuff, but it hits all of the necessary high points.

I will say this:

- Sometimes, I have found that operating agreements work better when there is a mandatory 2/3 votes and a quorum is defined by percentage of members as well. Things can go south quickly by majority rule. Moreover, I think that when there is a 2/3 vote required with a quorum on all issues, it gives more gravity to the vote and people tend to pay attention to even small issues with greater eye for detail;

- Make sure that you have someone that is diligent that is keeping records of all business as all as the minutes of all official meetings...that is very important for a number of reasons...to that end, I like having a defined protocol for review of all records wherein a request must be made and those records must be made available within 48 hours of the request...again, this cuts out funny business and places a burden on proper record keeping and being open among the members.

Otherwise, this looks really good and I would have no problem with a client signing it. It is fair and detailed enough to be effective without being so detailed that it cripples movement.

Let me know if you have any other questions or concerns. Please also rate my answer positively (three or more stars) so that I can receive credit for my work.

Best wishes going forward!

Customer: replied 1 year ago.
HiIs this a real person or a bot?
Expert:  Delta-Lawyer replied 1 year ago.

This is a real person. Let me know if you have any other questions.

Customer: replied 1 year ago.
I don't believe this is a person because you are too fast. I know bot that sounds like a human. Is justanswer employing bots to answer questions?
Customer: replied 1 year ago.
I will call Justanswer and verify that they are not using artificial intelligent bots. That is why the price is too cheap. I wish they told me that when I signed up.
Expert:  Delta-Lawyer replied 1 year ago.

I appreciate the compliment..haha. I am on the site right now and when you respond, it pops into my screen. I am an attorney that has practiced for quite some time in the area.

I suppose to prove my existence, there was a possible terror plot just uncovered at a friendly soccer match involving Germany. I was reading about it when I saw your question. I feel certain most media outlets would be showing this right now.

Customer: replied 1 year ago.
Don't you think I should list the capital contributions
Customer: replied 1 year ago.
Do you think the terror plot is related to Muslim refugees? Do you think Germany should accept a million more refugees this year? Why and why not?
Expert:  Delta-Lawyer replied 1 year ago.

Do you think the terror plot is related to Muslim refugees? Do you think Germany should accept a million more refugees this year? Why and why not?

I don't and the main reason is that it is nearly impossible to identify the refugees. Most are coming from areas that are relatively sparse. How can one vet a person when there is nothing to vet. It is a huge problem that will eventually affect the US negatively as well. One "refugee" that entered New Orleans recently has already gone missing. Weird times for sure. I am all about compassion, but I am also all about common sense.

Don't you think I should list the capital contributions?

Yes, though I would not specifically mention the contributions in the OA. I would list them by reference and use the capital contributions as an exhibit to the OA. That way, as members come and go, it is easier to amend the OA as a whole. Moreover, the exhibit can be changed easily if a member contributes more capital or other assets as well without amending the actually OA.

Let me know if you have any other questions.

Expert:  Delta-Lawyer replied 1 year ago.

Just checking on you to see if you have any additional questions or comments. I want to make sure you are as comfortable as possible as we move forward relative to this business venture. Best!

By the way, French police conducted a raid this morning, killing two and arresting seven more. Haha.

Expert:  Delta-Lawyer replied 1 year ago.

Any other questions? Just checking in on you.

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