Sec. 34-109. Execution of documents.
Sec. 34-109. Execution of documents. (a) Unless otherwise specified in any other
section of sections 34-100 to 34-242, inclusive, any document required by said sections
to be filed with, or delivered to, the Secretary of the State shall be executed: (1) By
any manager if management of the limited liability company is vested in one or more
managers or by a member if management of the limited liability company is reserved
to the members; (2) if the limited liability company has not been formed, by the organizer
or organizers; or (3) if the limited liability company is in the hands of a receiver, trustee
or other court-appointed fiduciary, by that fiduciary.
(b) The person executing the document shall sign it and state beneath or opposite
his signature his name and the capacity in which he signs.
(c) The person executing the document may do so as an attorney-in-fact. Powers
of attorney relating to the execution of the document do not need to be filed with the
Secretary of the State.
(d) The execution of any such document shall constitute an affirmation under the
penalties of false statement by the person signing the document that the facts stated
therein are true.
(P.A. 93-267, S. 13; P.A. 94-217, S. 9.)
History: P.A. 94-217 amended Subsec. (a)(2) to replace "person or persons forming the limited liability company" with
"organizer or organizers".