EARLY INVOLVEMENT OF YOUR NEVADA BUSINESS LAWYER IS ESSENTIAL
Drafting Operating Agreements and Effects of Handwritten Amendments (continued)
1. Construed against
Whenever handwritten amendments are made to an operating agreement and they are ambiguous, this ambiguity will be construed against the drafter. In addition, even if all parties agree to the changes within an operating agreement the handwritten amendments may be contested as ambiguous and a business will leave it up to a court (not a party in interest) to determine the meaning of the agreement at the time it was created. As such, it is vital to retain the services of an attorney when creating an operating agreement to ensure that it fits the needs of your business and reflects the agreements of your constituent members.
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