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Aqua, LLC is a member-managed LLC. Andrew, a member, agrees to resolve a dispute with a customer by submitting the claim to binding arbitration. This action by Andrew is:

1) legally binding on Aqua.
2) not legally binding on Aqua.
3) legally binding on Aqua if the claim is under $1,000.
4) not legally binding on Aqua until approved by a court.

User Alborz
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1 Answer

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Final answer:

Andrew's action is likely legally binding on Aqua, LLC as he is a member of the member-managed LLC, which generally grants him authority to make such decisions.

Step-by-step explanation:

In a member-managed Limited Liability Company (LLC), the legality of actions taken by a member, such as agreeing to submit a claim to binding arbitration, is typically governed by the operating agreement and applicable company policies. In this structure, members generally possess the authority to make decisions and enter agreements on behalf of the LLC without requiring approval from other members. Hence, Andrew's decision to resolve the dispute through binding arbitration for Aqua, LLC is likely legally binding.

However, it's essential to note that the specifics can vary based on the content of the operating agreement and relevant state laws. The operating agreement serves as a crucial document outlining the powers, responsibilities, and decision-making processes of the LLC members. It is advisable to carefully review the operating agreement and consider applicable state regulations to confirm the legality and enforceability of specific actions taken by members. This approach ensures a comprehensive understanding of the legal framework governing the LLC's operations.

User Atishay
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