Utah Code » Title 48, Chapter 3a — Utah Revised Uniform Limited Liability Company Act; part 48-3a-1 — General Provisions
Utah Code

Utah Code § 48-3a-113 (2026)

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

✓ current as of May 2026
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10/1/2026

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.
A person that becomes a member of a limited liability company is deemed to assent to the operating agreement.
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.
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Smart Tech Dev. v. Pink Water Harvesting, 2025 UT App 18, 566 P.3d 38.
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Smart Tech Dev. v. Pink Water Harvesting, 2025 UT App 18, 566 P.3d 38. · cites it 4× “§ 17-29-111(a); Utah Code § 48-3a-113(1). Despite this lack of a requirement that an LLC allege damages in order to pursue an action to enforce its operating agreement, we will now address each of the five counts below and explain why Smart Tech was either not required to allege…”
Utah Code § 48-3a-113(1): 1 case
Smart Tech Dev. v. Pink Water Harvesting, 2025 UT App 18, 566 P.3d 38. “§ 17-29-111(a); Utah Code § 48-3a-113(1). Despite this lack of a requirement that an LLC allege damages in order to pursue an action to enforce its operating agreement, we will now address each of the five counts below and explain why Smart Tech was either not required to allege…”
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