Section 10A-5A-2.01 Formation. (a) In order to form a limited liability company, one or more organizers must execute a certificate of formation and deliver it for filing to the filing officer provided for in subsection (e). Section 10A-1-3.05 shall not apply to this chapter. Instead, the certificate of formation shall set forth: (1) the name […]
Section 10A-5A-2.02 Amendment or restatement of certificate of formation. Division B of Article 3 of Chapter 1 shall not apply to this chapter. Instead: (a) A certificate of formation may be amended at any time. (b) A certificate of formation may be restated with or without amendment at any time. (c) To amend its certificate […]
Section 10A-5A-2.03 Effect of filing amendment or restatement of certificate of formation. (a) The filing of a certificate of amendment to the certificate of formation shall have the effect, and shall take effect, as provided in Section 10A-1-3.14. (b) The filing of a restated certificate of formation shall have the effect, and shall take effect, […]
Section 10A-5A-2.04 Execution of documents – Signing requirements. (a) A writing delivered to the Secretary of State for filing pursuant to this chapter must be signed as provided by this section. (1) A limited liability company’s initial certificate of formation must be signed by at least one organizer. (2) A writing signed on behalf of […]
Section 10A-5A-2.05 Execution of documents – Unsigned documents. (a) If a person required by this chapter to sign a writing or deliver a writing to a filing officer for filing under this chapter does not do so, any other person that is aggrieved by that failure may petition the designated court, and if none, the […]
Section 10A-5A-2.06 Certificate of existence or qualification. (a) The Secretary of State, upon request and payment of the requisite fee, shall furnish to any person a certificate of existence for a limited liability company if the writings filed in the office of the Secretary of State show that the limited liability company has been formed […]
