Indiana Statutes

§ 23-18-8-1 — Persons entitled to bring suit in name of company

Indiana·Title 23 BUSINESS AND OTHER ASSOCIATIONS·Art. 18 LIMITED LIABILITY COMPANIES·Ch. 8 Suits By and Against a Limited Liability Company

Except as otherwise provided in a written operating agreement, a suit on behalf of a limited liability company may be brought in the name of the limited liability company by the following:

(1)A member of a limited liability company, whether or not the articles of organization provide for a manager or managers, who is authorized to sue by the affirmative vote of a majority in interest of the members, unless the vote of all members is required under IC 23-18-4-3. In determining the vote, the vote of a member who has an interest in the outcome of the suit that is adverse to the interest of the limited liability company shall be excluded.
(2)If the articles of organization provide for a manager or managers, a manager who is authorized to do so by the articles of organization, an operating ag

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Legislative History

As added by P.L.8-1993, SEC.301.

Nearby Sections

15
§ 23-0.5-1-1
Short title
§ 23-0.5-1-2
Application
§ 23-0.5-1-4
Delivery of record
§ 23-0.5-1.5-10
"Filed record"
§ 23-0.5-1.5-11
"Filing entity"
§ 23-0.5-1.5-12
"Foreign"
§ 23-0.5-1.5-13
"General partnership"
§ 23-0.5-1.5-14
"Governance interest"
§ 23-0.5-1.5-15
"Governing person"
§ 23-0.5-1.5-16
"Interest"
§ 23-0.5-1.5-17
"Interest holder"
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