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A person who has been authorized by the limited liability company to sign such documents must sign articles of amendment. A restatement will replace the old bylaws with a new set entirely, while an amendment replaces or supersedes certain provisions, keeping the original bylaws in effect.
Always put a contract amendment in writing and make sure both parties sign and date it. Reference the title of the contract, if applicable; its original parties; and original signing date, so that it is clear what document you are amending. Attach the amendment to the original contract.
How to amend and restate a contractStep 1: Collect your contracts. Read your original contract.Step 2: Incorporate each amendment into the original contract.Step 3: Make sure to include a merger clause.Step 4: Execute the restated and amended agreement.
The term "amended and restated" is used in corporate law to refer to an agreement or other document that has been amended one or more times in the past and is presented in its entirety (restated) including all amendments to date.
Amending and Restating a ContractWhen Amendments Become Unwieldy.Review All Existing Documents.Fully Merge All Existing Terms Into the New Contract.Add New Terms.Add an Integration Clause.Finalizing the A&R Agreement.