Legal Question in Business Law in Oregon

My business partners mom noterized our opperating aggreement without me present. After i built the business and got it operational, they tried to force me from the company and used my capital investment. They sold the business and i recieved nothing. I am looking to get my investment back. Is it legal to have a family member noterize the opperating aggreement without me present?


Asked on 12/18/10, 8:42 pm

2 Answers from Attorneys
Daniel Meek Daniel W. Meek

If the mom was a notary in Oregon, then it was not legal for her to notarize the document. And, of course, it would be illegal for her to notarize the signature of anyone who did not actually sign the document in her presence.

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Answered on 12/24/10, 11:16 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only add the following. You need to review the operating agreement to see which signatures are required to make it effective. A notary only acknowledges that certain persons signed a document. They do have authority to execute on behalf of anyone normally. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/27/10, 2:27 pm


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