Posted by AB on 2/14/05 11:31am
Msg #20574

Need help with statement attesting to ownership of company

I need a notorized statement attesting to 100% ownership of LLC and I have no idea how to word this

I'm trying to come up with somehting quickly just don't know where to start, can some one give me an idea of what this should say.

Reply by PAW_Fl on 2/14/05 11:43am
Msg #20578

Re: Need help with statement attesting to ownership of compa

Notaries (at least here in FL) cannot offer any legal advice, which is what you are really asking for. You would need to seek another opinion, preferably that of an attorney, who can draft the appropriate document and include a notarization certificate if needed.

Reply by Ernest_CT on 2/14/05 11:50am
Msg #20579

Echoing Paul: Don't draft it!

You're facing unauthorized practice of law (UPL) if you write the document. If the affiant were to write the document and you were to notarize the jurat, then you'd be safe. (At least so far as the CT Notary Public Handbook reads.)

Keep in mind that you cannot both swear that the individual is 100% owner and notarize your own statement.

Reply by Question on 2/14/05 12:14pm
Msg #20582

Re: Echoing Paul: Don't draft it!

The question is....Is it your LLC or someone elses?

Reply by PAW_Fl on 2/14/05 12:31pm
Msg #20584

Re: Echoing Paul: Don't draft it!

It doesn't make any difference whether or not the original poster wants the document or someone else. The original post stated:

"I'm trying to come up with somehting quickly just don't know where to start, can some one give me an idea of what this should say."

Since most of the people who frequent this forum are Notaries, they cannot respond with an "idea of what this should say". The person requesting this information needs to seek another source for their answer.

Reply by Paul_IL on 2/14/05 8:51pm
Msg #20618

You should not have to do this as the articles of incorporation will show the ownership percentages of the LLC.

Reply by Ernest_CT on 2/14/05 8:56pm
Msg #20619

Then there's an easy answer ...

... just have the person make a copy of the Articles of Incorporation (assuming it isn't considered a "vital record"!) and have the person do a jurat that it is a true copy.

Of course, I'm not offering you legal advice, just an opinion based on CT's Notary Public Manual.

Reply by Paul_IL on 2/15/05 12:20am
Msg #20637

Re: Then there's an easy answer ...Common Sense

Everyoe was so afraid about UPL that they forgot to use a little comon sense.

Reply by Bobbi in CT on 2/15/05 7:04am
Msg #20649

LLC existence / organization

LLC Articles of Organization for CT LCCs and "foreign LLCs doing business in CT" are on file with the CT Secretary of State. One page document; doesn't state much so most lenders/banks want to see more than this.

You need to ask the company that wants this "what do you need this for." A statement that this is a "copy" may not cut it.

For example: Loan situtations may statement from SOTS that the LLC is in good standing, statement from Manager of LLC who members are (pass through taxation?), statement as to who as authority to do what, statement from accountant as to financial condition. Most recently, some lenders have required attorney Opinion letters; i.e., an attorney reviews and gives the "statements of fact" regarding the Articles of Organization, Management Agreement, membership roster.

The Key: What does the receiver want the statement for? What authority does the receiver want a statement from and what must be in that statement?

Not a lawyer. Not legal advice. I feel your question is too vague for a "national" Notary Public board to give a precise answer, or even a "good" answer.