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SOS Amends Form LLC-1 To Warn Of Perjury

California Corporations Code Section 17702.07(c) provides that an individual who signs a record authorized or required to be filed under the California Revised Uniform Limited Liability Company Act "affirms under penalty of perjury that the information stated in the record is accurate".  In The Perils Of A False LLC Filing With The SOS, I noted that the California Secretary of State's form of articles of organization (LLC-1) failed to give any warning to the signatory that he or she is signing under penalty of perjury.  The signature line simply recited "The Information contained herein, including any attachments, is true and correct."  An older version of the LLC-1 signature line did not even affirm the accuracy of the filing, stating only: "I declare [that] I am the person who executed this instrument, which execution is my act and deed."

The Secretary of State's office has recently amended the Form LLC-1 to provide signatories with notice that they are signing under penalty of perjury: "By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by
California law to sign." 

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