Saturday, January 25, 2014

Can an employee of an LLC acting as the managing director with prior approved authorization bind the LLC into a contract

Question

Can an employee of an LLC acting as the managing director with prior approved authorization bind the LLC into a contract



Answer

If your operating agreement and/or articles of organization provide such authority, then the answer is "probably" because he has not only apparent authority to do so but actual authority. Even in the absence of such authority in the governing documents, there is ostensible or implied authority which the other party may be able to successfully rely upon.



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