489.111 - OPERATING AGREEMENT -- EFFECT ON LIMITED LIABILITY COMPANY AND PERSONS BECOMING MEMBERS -- PREFORMATION AGREEMENT.

        489.111  OPERATING AGREEMENT -- EFFECT ON LIMITED      LIABILITY COMPANY AND PERSONS BECOMING MEMBERS -- PREFORMATION      AGREEMENT.         1.  A limited liability company is bound by and may enforce the      operating agreement, whether or not the company has itself manifested      assent to the operating agreement.         2.  A person that becomes a member of a limited liability company      is deemed to assent to the operating agreement.         3.  Two or more persons intending to become the initial members of      a limited liability company may make an agreement providing that upon      the formation of the company the agreement will become the operating      agreement.  One person intending to become the initial member of a      limited liability company may assent to terms providing that upon the      formation of the company the terms will become the operating      agreement.         4.  An operating agreement in a signed record that excludes      modification or recision except by a signed record cannot be      otherwise modified or rescinded.  
         Section History: Recent Form
         2008 Acts, ch 1162, §11, 155