§ 23-18-6-2.5 — Member interest designated as transfer on death property or held in joint tenancy

Indiana § 23-18-6-2.5

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 18: LIMITED LIABILITY COMPANIES
• Ch. 6: Membership

Text

5. (a) Unless otherwise limited or prohibited
in a written operating agreement, any member interest in a limited
liability company:
(1) may be designated as a transfer on death property under IC 32-17-14, with:
(A) the member as the owner of the interest; and
(B) one (1) or more transfer on death beneficiaries designated;
or
(2) may be titled and held in joint tenancy with right of
survivorship between two (2) or more individuals.
(b) The following apply upon the death of a person who is the owner
of a member interest designated as a transfer on death property:
(1) Each surviving transfer on death beneficiary has the status of
an assignee of all or a fractional or percentage portion of the
entire member interest owned by the deceased owner, depending
on the number of surviving transfer on death beneficiaries,
consistent with the transfer on death beneficiary designation, until
that transfer on death beneficiary is admitted as a member of the
limited liability company.
(2) The rights and obligations of each surviving transfer on death
beneficiary with respect to the member interest are subject to all:
(A) transfer restrictions;
(B) redemption options; or
(C) other provisions;
that apply to the member's interest or member interests generally
under a written operating agreement.
(c) The following apply upon the death of a person who is the owner
of a member interest held in joint tenancy:
(1) Each surviving joint tenant has the status of an assignee of all
or a fractional or percentage portion of the entire member interest,
depending on the number of surviving joint tenants, until the
surviving joint tenant is admitted as a member of the limited
liability company unless the surviving joint tenant was already a
member under subsection (d) before the death of each other joint
tenant.
(2) The rights and obligations of each surviving joint tenant with
respect to the member interest are subject to all:
(A) transfer restrictions;
(B) redemption options; or
(C) other provisions;
that apply to the member interest generally under a written
operating agreement.
(d) If a member interest in a limited liability company is originally
and initially issued in joint tenancy form to two (2) or more individuals,
each joint tenant has the voting rights of a member unless otherwise
provided in the written operating agreement. If an individual member:
(1) receives and holds a member interest as the sole owner; and
(2) at a later date, makes a lawful transfer of the member interest
to be held in joint tenancy between the member and one (1) or
more other persons;
then, unless otherwise provided in a written operating agreement, each
other person, while all joint tenants are alive, has the status of an
assignee of a fractional part of the member interest until the other
person is admitted as a member of the limited liability company.

Legislative History

As added by P.L.40-2013, SEC.10. Amended by P.L.63-2014, SEC.33.