# Ark. Code Ann. § 4-38-106: Operating agreement - Effect on limited liability company and person becoming member - Preformation agreements

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-106

## Section

- **Citation:** Ark. Code Ann. § 4-38-106
- **Heading:** Operating agreement - Effect on limited liability company and person becoming member - Preformation agreements
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-106

## Text

(a) A limited liability company is bound by and may enforce the operating agreement, whether or not the company has itself manifested assent to the operating agreement. (b) A person that becomes a member is deemed to assent to the operating agreement. (c) 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 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 company the terms will become the operating agreement. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A limited liability company is bound by and may enforce the operating agreement, whether or not the company has itself manifested assent to the operating agreement.

(b) A person that becomes a member is deemed to assent to the operating agreement.

(c) 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 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 company the terms will become the operating agreement.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

## Nearby sections

- [Ark. Code Ann. § 4-38-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-101.md)
- [Ark. Code Ann. § 4-38-102 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-102.md)
- [Ark. Code Ann. § 4-38-103 Knowledge - Notice](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-103.md)
- [Ark. Code Ann. § 4-38-104 Governing law](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-104.md)
- [Ark. Code Ann. § 4-38-105 Operating agreement - Scope, function, and limitations](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-105.md)
- [Ark. Code Ann. § 4-38-106 Operating agreement - Effect on limited liability company and person becoming member - Preformation agreements](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-106.md)
- [Ark. Code Ann. § 4-38-107 Operating agreement - Effect on third parties and relationship to records effective on behalf of limited liability company](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-107.md)
- [Ark. Code Ann. § 4-38-108 Nature, purpose, and duration of limited liability company](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-108.md)
- [Ark. Code Ann. § 4-38-109 Powers](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-109.md)
- [Ark. Code Ann. § 4-38-110 Application to existing relationships](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-110.md)
- [Ark. Code Ann. § 4-38-111 Supplemental principles of law](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-111.md)
- [Ark. Code Ann. § 4-38-112 Permitted names](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-112.md)
- [Ark. Code Ann. § 4-38-113 Reservation of name](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-113.md)
- [Ark. Code Ann. § 4-38-114 Registration of name](https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T4_C38_S1_S4-38-106. Check the current official text before relying on it. Not legal advice.