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?
2 Answers from Attorneys
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.
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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