North Carolina Disclaimer of All Rights Under Operating Agreement by Party to Agreement

State:
Multi-State
Control #:
US-OG-595
Format:
Word; 
Rich Text
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This is a form of Disclaimer of All Rights Under an Operating Agreement (by Party to Agreement).

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FAQ

Monopolizing and attempting to monopolize prohibited. It is unlawful for any person to monopolize, or attempt to monopolize, or combine or conspire with any other person or persons to monopolize, any part of trade or commerce in the State of North Carolina.

North Carolina's ?unfair or deceptive acts or practices? statute, section 75-1.1 of the North Carolina General Statutes, is a constant presence in North Carolina litigation. The statute combines two explosive ingredients: (1) a private right of action for treble damages and (2) an open-ended conduct standard.

The General Statutes of North Carolina is the official North Carolina legal code, a collection of the statewide laws in force at the time of publication regardless of when they originally became law.

The offer and acceptance form the agreement between the parties. The offer must be communicated, it must be complete and the offer must be accepted in its exact terms. Mutuality of agreement is a must. The parties to a contract must agree to the same thing inn the same sense.

As its name indicates, the North Carolina Unfair and Deceptive Trade Practices Act (or ?UDTPA,? for short) prohibits businesses from engaging in unfair or deceptive acts or practices. Violating the UDTPA subjects a defendant to potential treble (triple) damages, costs, and attorney's fees.

The LLC operating agreement should state if and when member meetings will be held and include any rules regarding how, when, and where votes will be taken; who has voting rights; how many voting members must be present for a quorum; how many votes are required to approve an action; and whether members can vote by proxy ...

North Carolina General Statutes Chapter 75: Monopolies, Trusts and Consumer Protection. Section 75-1.1 prohibits the following activities: Unfair methods of competition in or affecting commerce; and. Unfair or deceptive acts or practices in or affecting commerce.

No, it's not legally required in North Carolina under § 57D-2-30. Single-member LLCs need an operating agreement to preserve their corporate veil and to prove ownership. And multi-member LLCs need one to help provide operating guidance, determine voting rights and contributions.

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North Carolina Disclaimer of All Rights Under Operating Agreement by Party to Agreement