Part 2 of this article can be found here

In a future article we will discuss the authority of a member and manager to transact business and act on behalf of an LLC or "limited liability company." However, due to space limitations, we will just be providing some recommended forms at this time. An instrument required by law to be executed by a limited liability company and required by law to be filed, registered or recorded shall be sufficiently executed if signed on its behalf by one of its managers. Execution by an individual manager, a corporate manager and a general partnership manager are set forth below. The seal of the manager should be sufficient just as the seal of a partner would suffice in the case of a partnership conveyance. Nevertheless, some attorneys insert seals as noted below.

Form - execution by individual manager

ABC Limited Liability Company (Seal)

By: _______________ (Seal)

John F. Jones, Manager

Form - execution by corporate manager

ABC Limited Liability Company (Seal)

By: XYZ Corporation, a North Carolina Corporation, as manager

By: _______________

Vice President (Corporate Seal)

Attested By: _______________

Secretary

Form - execution by general partnership manager

ABC Limited Liability Company (Seal)

By: XYZ Partnership, A North Carolina general partnership, as manager

By: _______________ (Seal)

General Partner

The acknowledgment must be prepared in conjunction with the execution of the instrument. The forms below apply to an individual manager, a corporate manager and a general partnership manager. Since entities other than corporations can be managers of a limited liability company, other acknowledgments will have to be custom-tailored. Even when a corporation is a manager, the other corporate acknowledgment forms in the statutes can be used as a basis of an acknowledgment alternative.

Form - acknowledgment by individual manager

STATE OF NORTH CAROLINA

COUNTY OF __________

I, __________, A NOTARY PUBLIC OF THE AFORESAID COUNTY, DO HEREBY CERTIFY THAT __________, A MANAGER OF __________, A NORTH CAROLINA LIMITED LIABILITY COMPANY, PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE EXECUTION AND SEALING OF THE FOREGOING INSTRUMENT AS MANAGER ON BEHALF OF AND AS THE ACT OF THE COMPANY REFERRED TO IN THIS ACKNOWLEDGMENT.

WITNESS MY HAND AND OFFICIAL SEAL THIS THE ____ DAY OF _______, 19-.

MY COMMISSION EXPIRES: __________

__________NOTARY PUBLIC

Form - acknowledgment by corporate manager

STATE OF NORTH CAROLINA

I, __________, A NOTARY PUBLIC OF THE COUNTY AND STATE AFORESAID, CERTIFY THAT (NAME OF SECRETARY, ASSISTANT SECRETARY) PERSONALLY CAME BEFORE ME THIS DAY AND ACKNOWLEDGED THAT HE (OR SHE) IS (SECRETARY, ASSISTANT SECRETARY) OF __________, A NORTH CAROLINA CORPORATION, WHICH CORPORATION IS MANAGER OF __________, A NORTH CAROLINA LIMITED LIABILITY COMPANY, AND BY AUTHORITY DULY GIVEN AND AS THE ACT OF THE CORPORATION AS MANAGER OF SAID LIMITED LIABILITY COMPANY, THIS WRITING WAS SIGNED BY THE CORPORATION'S (CHAIRMAN, PRESIDENT, VICE-PRESIDENT, ASSISTANT VICE-PRESIDENT), SEALED WITH THE CORPORATION'S CORPORATE SEAL AND ATTESTED BY HIMSELF (OR HERSELF) AS ITS (SECRETARY, ASSISTANT SECRETARY), ALL AS THE DULY AUTHORIZED ACT OF THE CORPORATION AS MANAGER OF SAID LIMITED LIABILITY COMPANY.

WITNESS MY HAND AND OFFICIAL SEAL THIS THE ____ DAY OF _______, 19-.

MY COMMISSION EXPIRES: __________

__________NOTARY PUBLIC

Form - acknowledgment by general partnership manager

STATE OF NORTH CAROLINA

COUNTY OF __________

I, __________, A NOTARY PUBLIC OF THE COUNTY AND STATE AFORESAID, CERTIFY THAT (NAME OF THE GENERAL PARTNER), GENERAL PARTNER OF __________, A NORTH CAROLINA GENERAL PARTNERSHIP AND MANAGER OF __________, A NORTH CAROLINA LIMITED LIABILITY COMPANY, PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE DUE EXECUTION AND SEALING OF THE FOREGOING INSTRUMENT ON BEHALF OF THE PARTNERSHIP AS MANAGER OF THE AFORESAID LIMITED LIABILITY COMPANY.

WITNESS BY HAND AND OFFICIAL SEAL, THIS THE ____ DAY OF _______, 19-.

MY COMMISSION EXPIRES: __________

__________NOTARY PUBLIC

Part 2 of this article can be found here