Arizona Disclaimer of All Rights Under Operating Agreement by Party to Agreement

State:
Multi-State
Control #:
US-OG-595
Format:
Word; 
Rich Text
Instant download

Description

This is a form of Disclaimer of All Rights Under an Operating Agreement (by Party to Agreement).

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FAQ

Arizona limited liability company law requires that the names and addresses of all of the members of the LLC must be disclosed in the Articles of Organization filed with the Arizona Corporation Commission.

See A.R.S. §§ 29-3102 and 29- 3105 through 29-3107. An operating agreement is not required by statute. If there is not operating agreement, then the LLC statutes will govern how the LLC conducts its affairs.

As per Section 29-3105 of the Arizona LLC Act, an Operating Agreement isn't required for an LLC in Arizona.

On September 1, 2020, the Arizona Limited Liability Company Act, which became law in 2018, repealed Arizona's LLC statutes and replaced them with a new and "improved" model that is more consistent with the laws of most other states - but also poses risks for unwary LLC managers and members.

§ 29-3401 Becoming a member; transferable interest; ownership of interest in limited liability company. A. At the time of formation, a limited liability company must have at least one member.

Section 3901D of the Arizona statute provides that an Arizona resident who is a creditor of the series of a non-Arizona LLC can get at all the assets of the LLC, notwithstanding the laws of the state where the LLC was organized.

Yes. The same person can be both the only member and the only manager. What if my LLC has a "managing member"? The records of the Arizona Corporation Commission will reflect only members or managers ? no ?managing member? can be listed.

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Arizona Disclaimer of All Rights Under Operating Agreement by Party to Agreement