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There is no State requirement in Alabama to have an operating agreement, however, it is still highly recommended to have one in order to state the purpose of the business as well as the ownership interest of the members (if a multi-member LLC).
To have an enforceable contract, both sides must harbor an intent to perform under the contract when they sign it. Entering into a contract with no intent to perform is deemed fraud and deceit in Alabama.
If the subject matter is illegal, the contract will not be valid. All terms of your contract must not contravene any federal or state law. If the formation or performance of the contract will require a party to break the law, the contract is invalid.
The requirement of mutual agreement (also called mutual consent, or mutual assent, or meeting of the minds) means that there must be agreement to the provisions of the contract by the parties involved. In other words, there must be a mutual willingness to enter into a contract.
In order to be valid and enforceable, a covered contract shall be in writing, signed by all parties, and supported by adequate consideration.
Binding Agreements ? Written and Verbal The general rule is that an offer and acceptance need not be in writing to be binding unless a law specifically requires it. However, at times, an offer and acceptance must be in writing to be enforceable.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, elements of consideration can be satisfied by a valid substitute.
Offer and Acceptance The offer or agreement must be clear and complete in all sense. Both parties should communicate to ensure there is no lapse in the contract act. Both the offer and acceptance must be "consensus ad idem", meaning, both parties must comply with the same thing.