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Is an LLC operating agreement between 4 members valid if…

Is an LLC operating...

Is an LLC operating agreement between 4 members valid if only 3 members signed it ?

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

California. or should a new contract be drafted?

Lawyer's Assistant: Has anything been officially filed? If so, what?

Its been filed and was written in 2006 but a subsequent contract was written in 2012 which had to be voided because a member defaulted . son the facts are that There is a missing signature on the original and then there was a contract that was intended to replace the 2006 contract so does both of these issues mean the original contract is null and void?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that everything thank you

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Answered in 21 minutes by:
10/13/2017
Roy Hadavi
Category: Business Law
Satisfied Customers: 1,296
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive business law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: No, the agreement is not valid, as it was never fully executed (signed). You would need to sign a new agreement for it to be valid. You can however prepare an agreement that is identical to the original and state in the agreement that the effective date is the same as the original agreement's signature date.

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Roy Hadavi
Category: Business Law
Satisfied Customers: 1,296
Experience: Attorney at Law Offices of Rosenstein & Associates
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Customer reply replied 8 months ago
Thank you. The answer I was hoping for

You're very welcome!

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

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