Utah Code § 48-3a-113

Operating agreement -- Effect on limited liability company and person becoming
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member -- Preformation agreement.
(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.
Renumbered and Amended by Chapter 93, 2026 General Session
Renumbered 10/1/2026

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