17-7671.Contested matters relating to manager;
contested votes.
(a) Upon application of any member or manager, the district
court may hear and
determine the validity of any admission, election, appointment, removal or
resignation of a manager
of a limited liability company, and the right of any person to become or
continue to be a manager
of a limited liability company, and, in case the right to serve as a manager is
claimed by more than
one person, may determine the person or persons entitled to serve as managers;
and to that end make
such order or decree in any such case as may be just and proper, with power to
enforce the
production of any books, papers and records of the limited liability company
relating to the issue.
In any such application, the limited liability company shall be named as a
party, and service of
copies of the application upon the resident agent of the limited liability
company shall be deemed
to be service upon the limited liability company and upon the person or persons
whose right to serve
as a manager is contested and upon the person or persons, if any, claiming to
be a manager or
claiming the right to be a manager; and the resident agent shall forward
immediately a copy of the
application to the limited liability company and to the person or persons whose
right to serve as a manager is contested and to the person or persons, if any,
claiming to be a manager or the right to
be a manager, in a postpaid, sealed, registered letter addressed to such
limited liability company and
such person or persons at their post-office addresses last known to the
resident agent or furnished
to the resident agent by the applicant member or manager. The court may make
such order
respecting further or other notice of such application as it deems proper under
these circumstances.
(b) Upon application of any member or manager, the district court may hear
and determine
the result of any vote of members or managers upon matters as to which the
members or managers
of the limited liability company, or any class or group of members or managers,
have the right to
vote pursuant to the operating agreement or other agreement or this act (other
than the admission,
election, appointment, removal or resignation of managers). In any such
application, the limited
liability company shall be named as a party, and service of the application
upon the resident agent
of the limited liability company shall be deemed to be service upon the limited
liability company,
and no other party need be joined in order for the court to adjudicate the
result of the vote. The court
may make such order respecting further or other notice of such application as
it deems proper under
these circumstances.
(c) Nothing herein contained limits or affects the right to serve process in
any other manner
now or hereafter provided by law. This section is an extension of and not a
limitation upon the right
otherwise existing of service of legal process upon nonresidents.
17-7671.Contested matters relating to manager;
contested votes.
(a) Upon application of any member or manager, the district
court may hear and
determine the validity of any admission, election, appointment, removal or
resignation of a manager
of a limited liability company, and the right of any person to become or
continue to be a manager
of a limited liability company, and, in case the right to serve as a manager is
claimed by more than
one person, may determine the person or persons entitled to serve as managers;
and to that end make
such order or decree in any such case as may be just and proper, with power to
enforce the
production of any books, papers and records of the limited liability company
relating to the issue.
In any such application, the limited liability company shall be named as a
party, and service of
copies of the application upon the resident agent of the limited liability
company shall be deemed
to be service upon the limited liability company and upon the person or persons
whose right to serve
as a manager is contested and upon the person or persons, if any, claiming to
be a manager or
claiming the right to be a manager; and the resident agent shall forward
immediately a copy of the
application to the limited liability company and to the person or persons whose
right to serve as a manager is contested and to the person or persons, if any,
claiming to be a manager or the right to
be a manager, in a postpaid, sealed, registered letter addressed to such
limited liability company and
such person or persons at their post-office addresses last known to the
resident agent or furnished
to the resident agent by the applicant member or manager. The court may make
such order
respecting further or other notice of such application as it deems proper under
these circumstances.
(b) Upon application of any member or manager, the district court may hear
and determine
the result of any vote of members or managers upon matters as to which the
members or managers
of the limited liability company, or any class or group of members or managers,
have the right to
vote pursuant to the operating agreement or other agreement or this act (other
than the admission,
election, appointment, removal or resignation of managers). In any such
application, the limited
liability company shall be named as a party, and service of the application
upon the resident agent
of the limited liability company shall be deemed to be service upon the limited
liability company,
and no other party need be joined in order for the court to adjudicate the
result of the vote. The court
may make such order respecting further or other notice of such application as
it deems proper under
these circumstances.
(c) Nothing herein contained limits or affects the right to serve process in
any other manner
now or hereafter provided by law. This section is an extension of and not a
limitation upon the right
otherwise existing of service of legal process upon nonresidents.
17-7671.Contested matters relating to manager;
contested votes.
(a) Upon application of any member or manager, the district
court may hear and
determine the validity of any admission, election, appointment, removal or
resignation of a manager
of a limited liability company, and the right of any person to become or
continue to be a manager
of a limited liability company, and, in case the right to serve as a manager is
claimed by more than
one person, may determine the person or persons entitled to serve as managers;
and to that end make
such order or decree in any such case as may be just and proper, with power to
enforce the
production of any books, papers and records of the limited liability company
relating to the issue.
In any such application, the limited liability company shall be named as a
party, and service of
copies of the application upon the resident agent of the limited liability
company shall be deemed
to be service upon the limited liability company and upon the person or persons
whose right to serve
as a manager is contested and upon the person or persons, if any, claiming to
be a manager or
claiming the right to be a manager; and the resident agent shall forward
immediately a copy of the
application to the limited liability company and to the person or persons whose
right to serve as a manager is contested and to the person or persons, if any,
claiming to be a manager or the right to
be a manager, in a postpaid, sealed, registered letter addressed to such
limited liability company and
such person or persons at their post-office addresses last known to the
resident agent or furnished
to the resident agent by the applicant member or manager. The court may make
such order
respecting further or other notice of such application as it deems proper under
these circumstances.
(b) Upon application of any member or manager, the district court may hear
and determine
the result of any vote of members or managers upon matters as to which the
members or managers
of the limited liability company, or any class or group of members or managers,
have the right to
vote pursuant to the operating agreement or other agreement or this act (other
than the admission,
election, appointment, removal or resignation of managers). In any such
application, the limited
liability company shall be named as a party, and service of the application
upon the resident agent
of the limited liability company shall be deemed to be service upon the limited
liability company,
and no other party need be joined in order for the court to adjudicate the
result of the vote. The court
may make such order respecting further or other notice of such application as
it deems proper under
these circumstances.
(c) Nothing herein contained limits or affects the right to serve process in
any other manner
now or hereafter provided by law. This section is an extension of and not a
limitation upon the right
otherwise existing of service of legal process upon nonresidents.
