The client (someone I know personally) who owns the LLC brought this to my attention. It does not come with instructions and looks slightly different from other forms I’ve seen. I can get halfway through but not quite sure.
Is anyone familiar with this?? We’re in the state of GA
CUSTOMS POWER OF ATTORNEY
AND
ACKNOWLEDGMENT OF TERMS AND CONDITIONS OF SERVICE
CORPORATE OR LLC ACKNOWLEDGEMENT
On this _______ day of _____, 20, before me, before a notary public, the undersigned officer, personally appeared _______, who acknowledged himself/herself to be the _______ of _______, a _______, _______, and that h/she as such _______, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the _______ by himself/herself as _______.
In witness whereof, I hereunto set my hand and official seal.
Providing you’re in a state that allows you to include capacity in your certificates, it would be as follows:
“On this _______ day of _____, 20, before me, before a notary public, the undersigned officer, personally appeared JOHN DOE, who acknowledged himself to be the MEMBER/MANAGER of ABD LLC, a LIMITED LIABILITY COMPANY, and that he as such MEMBER/MANAGER, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the LIMITED LIABILITY COMPANY by himself as MEMBER/MANAGER.”
Again, providing your state notary laws allow you to do this. If you’re in a state such a CA, it would simply be the standard ack. In my experience in Florida and Connecticut, the above is how we would handle this.
In my state, that would be OK for now, because the law says nothing about how an acknowledgement should be written. But when Vermont’s version of RULONA goes into effect in July, I wouldn’t be able to use this. I would be allowed to use the short form acknowledgement for a representative, but if I don’t, I’ll have to make sure the certificate spells out everything I did to comply with the requirements for an acknowledgement. One of the requirements is to identify the signer, either through personal knowledge, or satisfactory evidence. The acknowledgement in the original post does not mention the notary identifying the signer.
You’re absolutely right Gerard. My apologies. I completely missed that this morning when I was posting. That will teach me not to post until after I’ve had my coffee. Here in Florida we would also have to add the means of identification
