Do LLC Operating Agreements need to notarized?

Documents are not notarized. Signatures are notarized. Notarizing a signature on a document is an acknowledgement that the signature is, in fact, that of the person named in the document whose signature is required to execute the document. Notarizing a signature is usually required for any document that will be recorded on the public record. This is because the public recorder (usually the county recorder) will not record the document unless the signatures have been acknowledged (notarized).

If an operating agreement is to be recorded on the public record, it would have to be notarized. This would be rare because operating agreements are usually not required to be recorded. However, if one were required to be recorded for some reason, let’s say the parties to the operating agreement want it to be of public record, then the signatures on it would have to be acknowledged (notarized).

Documents that typically require recording are those that transfer interests in real property. Some loan documents require recording, like regulatory agreements for bond-financed developments that have received government subsidies. All of these, then, will carry acknowledged (notarized) signatures so they can be recorded on the public record.

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4 Responses to Do LLC Operating Agreements need to notarized?

  1. Limitless says:

    This is a good blog. Keep up all the work. I too love blogging and expressing my opinions

  2. Trang Phan says:

    I have formed an LLC but both members currently live in two different states. What are the rules with notarizing an LLC Operating Agreement? Can it be done in two different states for the same document?

    • Yes it can. Notarizing a document is simply a process wherein the notary acknowledges in writing that the individual signing the document has presented identification to show that they are the party named in the document. The original document could be signed and notarized in different places by different parties as long as the notary is licensed in the county where the document is signed and the document is signed by a party named in it. Thanks for your question.

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