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Utah Code § 48-3a-113

Operating agreement -- Effect on limited liability company and person becoming member -- Preformation agreement

Known as the Utah Revised Uniform Limited Liability Company Act

The act spans §§ 48–48 (140 sections).

Applied in 1 court decision — leading case 2025 UT App 18 - Smart Tech Development v. Pink Water Harvesting (2025)

Most recently applied in 2025 UT App 18 - Smart Tech Development v. Pink Water Harvesting (February 2025)

Renumbered and Amended by Chapter 93, 2026 General Session; Enacted by Chapter 412, 2013 General Session; End date 10/1/2026

(1) A limited liability company is bound by and may enforce the operating agreement, whether or not the limited liability company has itself manifested assent to the operating agreement.

(2) A person that becomes a member of a limited liability company is deemed to assent to the operating agreement.

(3) Two or more persons intending to become the initial members of a limited liability company may make an agreement providing that upon the formation of the limited liability company the agreement will become the operating agreement. One person intending to become the initial member of a limited liability company may assent to terms providing that upon the formation of the limited liability company the terms will become the operating agreement.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.