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John105

Should LLC operating agreement signatures between two foreign real estate investors be verified by a Notary ?

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54 minutes ago, John105 said:

should LLC operating agreement signatures between two foreign real estate investors sharing be verified by a notary ?

 

That's up to the people signing the agreement.

 

54 minutes ago, John105 said:

if yes, must the notary by US notary?

 

Depends on where the signer is when he signs. That's where the notary has to be because all the notary is doing is witnessing the signature and attesting that the person signing was properly identified.

 

If you are in the US when you sign then you need a notary licensed in the state where you are when you sign. If you are in some other country when you sign you need a local notary there.

 

 

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4 hours ago, John105 said:

should LLC operating agreement signatures between two foreign real estate investors sharing be verified by a notary ? if yes, must the notary by US notary?

 

A U.S. LLC operating agreement does not need to be notarized. In the U.S. a notary has a very simple function, unlike in some other countries. All a notary in the U.S. does is attest that the person signing the document is who he/she claims to be. While that can be useful in some disputes, there is no legal requirement that the operating agreement be attested by a notary. A U.S. notary would be preferred, since what the rules are for notaries here are known to the courts and legal community; what a notary in other countries is not going to be known. Moreover, if the notary provides an attestation in a language other than English then there is the issue of translation, etc. 

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12 hours ago, John105 said:

should LLC operating agreement signatures between two foreign real estate investors sharing be verified by a notary ? if yes, must the notary by US notary?

 

No law requires signatures on an LLC operating agreement to be notarized.

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