§ 53-19-12 — Execution of documents

A. Unless otherwise specified in the Limited Liability Company Act, any document required to be filed with the commission [secretary of state] shall be executed: (1) by a manager, if management of the limited liability company is vested in one or more managers, or by a member, if management of the limited liability company is reserved to the members; (2) by a person forming the limited liability company if the limited liability company has not been formed; or (3) by a receiver, trustee or court-appointed fiduciary if the limited liability company is in the hands of a receiver, trustee or fiduciary. B. The person executing the document shall sign it and state, beneath or opposite his signature, his name and the capacity in which he signs. C. The person executing the document may do so as an attorney-in-fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the commission [secretary of state].

Legislative History

Laws 1993, ch. 280, § 12.