§428-303 - Liability of members and managers.
[§428-303] Liability of members and
managers. (a) Except as otherwise provided in subsection (c), the debts,
obligations, and liabilities of a limited liability company, whether arising in
contract, tort, or otherwise, are solely the debts, obligations, and
liabilities of the company. A member or manager shall not be personally liable
for any debt, obligation, or liability of the company solely by reason of being
or acting as a member or a manager.
(b) The failure of a limited liability company
to observe the usual company formalities or requirements relating to the
exercise of its company powers or management of its business shall not be a
ground for imposing personal liability on the members or managers for
liabilities of the company.
(c) All or specified members of a limited
liability company shall be liable in their capacity as members for all or
specified debts, obligations, or liabilities of the company if:
(1) A provision to that effect is contained in the
articles of organization; and
(2) A member so liable has consented in writing to
the adoption of the provision or to be bound by the provision. [L 1996, c 92,
pt of §1]