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If you reside in a ?community property state? (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), you need your spouse's consent to designate any primary beneficiary other than your spouse. This need arises from state property law.
Form of spousal consent to be used to enforce transfer and voting restrictions contained in a shareholders' agreement, voting agreement, operating agreement, or similar document against the spouse or domestic partner of a shareholder or member in California.
The Spousal Consent Form for a corporation, is intended to be signed by the spouse of the stock holder or by the stockholder confirming that they are not married. Due to marriage property rights, spouses are encouraged to sign on to the stock agreements signed by the other spouse.
An operating agreement is a document prepared for limited liability companies (LLCs). A spousal consent operating agreement is designed for the spouse of an LLC member to sign to agree to the terms of the agreement even though he/she is not a member of the company.
The purpose of the spousal consent is to ensure the company ? and, in particular, all of the owners in the company ? that one of their spouses does not later claim to be an owner in the company, thus jeopardizing the ownership structure in the company and potentially introducing an unwanted owner into the company.