LLC Can Enforce LLC Agreement Even If Company Didn’t Sign It, Del. Court Says

Under Delaware law, a limited liability company can enforce provisions of its LLC agreement even if the company does not sign it, according to a Sept. 24 Delaware Chancery Court opinion (Seaport Vill. Ltd. v. Seaport Vill. Operating Co., Del. Ch., C.A. No. 8841-VCL).

Vice Chancellor J. Travis Laster wrote, “[b]y statute, a limited liability company is a party to its own limited liability company agreement, regardless of whether the limited liability company executes its own limited liability company agreement.”

Delaware Limited Liability Company Act.

Seaport Village Operating Co., LLC (the “Company”) requested attorneys’ fees from Seaport Village ...