Pelzer and Salisbury, LLC
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Workable "Notice" Provision


All LLC Operating Agreements should have “notice” provisions. The notice provisions should explain how LLC owner/members give each other legally binding notice of important LLC matters (notice of meetings, demand for mediation or arbitration, etc.). The notice provision should be as fool proof as possible concerning how notice is given and when it is deemed received.

One goal of a notice provision should be to save LLC owner/members possibly future expense by keeping attorneys and fact finders (courts, arbitrators, or mediators) out of the process. It would likely cost more to settle one improper notice argument than it cost to organize the LLC in the first place (see Fees and Costs).

I draft my own notice provisions and focus them on being “fool proof” which is something I did not do when I organized “Form” LLC.

“People don’t notice whether it’s winter or summer when they’re happy. If I lived in Moscow I don’t think I’d care what the weather was like.” Anton Chekov Three Sisters (1900-1) II.


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