How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117369
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

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.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

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 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.