Legal Question in Business Law in New Jersey

This regards the establishment of an LLC in the state of NJ. I live in Norwalk, CT and my business partner lives in Voorhees, NJ. The LLC was established one year ago for an Internet-based business that is not up and running yet. My partner's husband set up the LLC through Legal Zoom on April 19, 2009. He and I are both named as "officers" of the LLC with 50% share each. His wife - my partner - did not want her name on any of the official documents because she is still receiving disability money from the gov't. I finally had a chance to look at the Operating Agreement last week and noticed it requires signatures from both her husband and myself. Neither of us have signed it as of yet. Legal Zoom says the Operating Agreement is not binding if not signed -- but then who officially "owns" the LLC in that case?


Asked on 4/25/10, 8:08 am

2 Answers from Attorneys
Steven Rothberg Law offices of Steven D. Rothberg

I find this kind of amusing. You use legal zoom to set up the LLC, and now you don' t know if you have a validly formed LLC, so you go to a free legal advice web site to get advice about what to do. The answer to your question is that an LLC can operate without an LLC agreement. All actions of the LLC would be governed by NJ Statute.

Read more
Answered on 4/30/10, 8:38 am
Amy Klauber Klauber & Klauber, LLP

One thing you never stated was the state in which the LLC was formed and registered. I am assuming it is NJ. The State will look to the registered agents to determine membership in the absence of any operating agreement. If you have any further questions, please contact me at 732-663-1500.

Thank you.

Read more
Answered on 5/01/10, 2:31 am


Related Questions & Answers

More Business Law questions and answers in New Jersey