17-7671.   Contested matters relating to manager;contested votes.(a) Upon application of any member or manager, the districtcourt may hear anddetermine the validity of any admission, election, appointment, removal orresignation of a managerof a limited liability company, and the right of any person to become orcontinue to be a managerof a limited liability company, and, in case the right to serve as a manager isclaimed by more thanone person, may determine the person or persons entitled to serve as managers;and to that end makesuch order or decree in any such case as may be just and proper, with power toenforce theproduction of any books, papers and records of the limited liability companyrelating to the issue.In any such application, the limited liability company shall be named as aparty, and service ofcopies of the application upon the resident agent of the limited liabilitycompany shall be deemedto be service upon the limited liability company and upon the person or personswhose right to serveas a manager is contested and upon the person or persons, if any, claiming tobe a manager orclaiming the right to be a manager; and the resident agent shall forwardimmediately a copy of theapplication to the limited liability company and to the person or persons whoseright to serve as a manager is contested and to the person or persons, if any,claiming to be a manager or the right tobe a manager, in a postpaid, sealed, registered letter addressed to suchlimited liability company andsuch person or persons at their post-office addresses last known to theresident agent or furnishedto the resident agent by the applicant member or manager. The court may makesuch orderrespecting further or other notice of such application as it deems proper underthese circumstances.

      (b)   Upon application of any member or manager, the district court may hearand determinethe result of any vote of members or managers upon matters as to which themembers or managersof the limited liability company, or any class or group of members or managers,have the right tovote pursuant to the operating agreement or other agreement or this act (otherthan the admission,election, appointment, removal or resignation of managers). In any suchapplication, the limitedliability company shall be named as a party, and service of the applicationupon the resident agentof the limited liability company shall be deemed to be service upon the limitedliability company,and no other party need be joined in order for the court to adjudicate theresult of the vote. The courtmay make such order respecting further or other notice of such application asit deems proper underthese circumstances.

      (c)   Nothing herein contained limits or affects the right to serve process inany other mannernow or hereafter provided by law. This section is an extension of and not alimitation upon the rightotherwise existing of service of legal process upon nonresidents.

      History:   L. 1999, ch. 119, § 10; Jan. 1, 2000.