Legal Question in Business Law in New Jersey

How do you absolve a previously signed operating agreement for a L.L.C.?

I recently drafted an operating agreement for my L.L.C. and would like to know if I decide to make a more indepth or change any of the current policies in the first agreement with the new Operating agreement, is there a special article that I must add to either (old or new) to void the previously signed agreement?


Asked on 4/01/12, 11:45 am

3 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

The parties to the current agreement can simply sign a mutual agreement to rescind or modify it. However, it would be prudent to have an attorney prepare a new or revised agreement. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

Please visit my website! www.bgartenberg.com or call me if you�d like to learn more about me or my practice. Thank you.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 4/01/12, 11:53 am
Robert Davies The Davies Law Firm, P.A.

You hire attorneys to do this for you.

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Answered on 4/01/12, 1:18 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Barry that all current partners can recind and do a new replacement agreement.

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Answered on 3/26/13, 12:56 pm


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