Section 23-18-4-6 - Initial operating agreement; amendments; power of attorney(a) The initial operating agreement must be agreed to by all persons who are members at the time the initial agreement is accepted.(b) An amendment to an oral operating agreement must be approved by the unanimous consent of all members.(c) An amendment to a written operating agreement must be in writing and must, unless otherwise provided in the operating agreement before the amendment, be approved by the unanimous consent of all members.(d) A copy of any written amendment to an operating agreement must be delivered to each member who did not consent to the amendment and to each assignee who has not been admitted as a member.(e) A person may sign articles of organization, an operating agreement, or an amendment to articles of organization or an operating agreement as an attorney in fact. A power of attorney relating to the signing of a document under this subsection by an attorney in fact may but is not required to be: (1) sworn to, verified, or acknowledged;(2) signed in the presence of a notary public;(3) filed with the secretary of state; or(4) included in another written agreement. However, the power of attorney must be retained in the records of the limited liability company.
As added by P.L. 8-1993, SEC.301. Amended by P.L. 130-2006, SEC.27.