17-7687.Classes; voting.
(a) An operating agreement may provide for classes or
groups of members having
such relative rights, powers and duties as the operating agreement may
provide, and may make
provision for the future creation in the manner provided in the operating
agreement of additional
classes or groups of members having such relative rights, powers and duties as
may from time to
time be established, including rights, powers and duties senior to existing
classes and groups of
members. An operating agreement may provide for the taking of an action,
including the
amendment of the operating agreement, without the vote or approval of any
member or class or
group of members, including an action to create under the provisions of the
operating agreement
a class or group of limited liability company interests that was not previously
outstanding. An
operating agreement may provide that any member or class or group of members
shall have no
voting rights.
(b) An operating agreement may grant to all or certain identified members or
a specified
class or group of the members the right to vote separately or with all or any
class or group of the
members or managers, on any matter. Voting by members may be on a per capita,
number, financial
interest, class, group or any other basis.
(c) An operating agreement which grants a right to vote may set forth
provisions relating
to notice of the time, place or purpose of any meeting at which any matter is
to be voted on by any members, waiver of any such notice, action by consent
without a meeting, the establishment of a
record date, quorum requirements, voting in person or by proxy, or any other
matter with respect to
the exercise of any such right to vote.
(d) Unless otherwise provided in an operating agreement, on any matter that
is to be voted
on by members, the members may take such action without a meeting, without
prior notice and
without a vote, if a consent or consents in writing, setting forth the action
so taken, shall be signed
by the members having not less than the minimum number of votes that would be
necessary to
authorize or take such action at a meeting which unless otherwise provided in
the operating
agreement or this act shall be a majority in interest of each class entitled to
vote thereon. Unless
otherwise provided in an operating agreement, on any matter that is to be voted
on by members, the
members may vote in person or by proxy.
(e) Unless otherwise provided in the operating agreement or in this act every
member
holding interest in profits shall be entitled to vote.
(f) When, under the provisions of this act or under the provisions
of the articles of
organization or operating agreement of a limited liability company, notice is
required to be given to
a member of a limited liability company a waiver in writing signed by the
person or persons entitled
to the notice, whether made before or after the time for notice to be given, is
equivalent to the giving
of notice.
17-7687.Classes; voting.
(a) An operating agreement may provide for classes or
groups of members having
such relative rights, powers and duties as the operating agreement may
provide, and may make
provision for the future creation in the manner provided in the operating
agreement of additional
classes or groups of members having such relative rights, powers and duties as
may from time to
time be established, including rights, powers and duties senior to existing
classes and groups of
members. An operating agreement may provide for the taking of an action,
including the
amendment of the operating agreement, without the vote or approval of any
member or class or
group of members, including an action to create under the provisions of the
operating agreement
a class or group of limited liability company interests that was not previously
outstanding. An
operating agreement may provide that any member or class or group of members
shall have no
voting rights.
(b) An operating agreement may grant to all or certain identified members or
a specified
class or group of the members the right to vote separately or with all or any
class or group of the
members or managers, on any matter. Voting by members may be on a per capita,
number, financial
interest, class, group or any other basis.
(c) An operating agreement which grants a right to vote may set forth
provisions relating
to notice of the time, place or purpose of any meeting at which any matter is
to be voted on by any members, waiver of any such notice, action by consent
without a meeting, the establishment of a
record date, quorum requirements, voting in person or by proxy, or any other
matter with respect to
the exercise of any such right to vote.
(d) Unless otherwise provided in an operating agreement, on any matter that
is to be voted
on by members, the members may take such action without a meeting, without
prior notice and
without a vote, if a consent or consents in writing, setting forth the action
so taken, shall be signed
by the members having not less than the minimum number of votes that would be
necessary to
authorize or take such action at a meeting which unless otherwise provided in
the operating
agreement or this act shall be a majority in interest of each class entitled to
vote thereon. Unless
otherwise provided in an operating agreement, on any matter that is to be voted
on by members, the
members may vote in person or by proxy.
(e) Unless otherwise provided in the operating agreement or in this act every
member
holding interest in profits shall be entitled to vote.
(f) When, under the provisions of this act or under the provisions
of the articles of
organization or operating agreement of a limited liability company, notice is
required to be given to
a member of a limited liability company a waiver in writing signed by the
person or persons entitled
to the notice, whether made before or after the time for notice to be given, is
equivalent to the giving
of notice.
17-7687.Classes; voting.
(a) An operating agreement may provide for classes or
groups of members having
such relative rights, powers and duties as the operating agreement may
provide, and may make
provision for the future creation in the manner provided in the operating
agreement of additional
classes or groups of members having such relative rights, powers and duties as
may from time to
time be established, including rights, powers and duties senior to existing
classes and groups of
members. An operating agreement may provide for the taking of an action,
including the
amendment of the operating agreement, without the vote or approval of any
member or class or
group of members, including an action to create under the provisions of the
operating agreement
a class or group of limited liability company interests that was not previously
outstanding. An
operating agreement may provide that any member or class or group of members
shall have no
voting rights.
(b) An operating agreement may grant to all or certain identified members or
a specified
class or group of the members the right to vote separately or with all or any
class or group of the
members or managers, on any matter. Voting by members may be on a per capita,
number, financial
interest, class, group or any other basis.
(c) An operating agreement which grants a right to vote may set forth
provisions relating
to notice of the time, place or purpose of any meeting at which any matter is
to be voted on by any members, waiver of any such notice, action by consent
without a meeting, the establishment of a
record date, quorum requirements, voting in person or by proxy, or any other
matter with respect to
the exercise of any such right to vote.
(d) Unless otherwise provided in an operating agreement, on any matter that
is to be voted
on by members, the members may take such action without a meeting, without
prior notice and
without a vote, if a consent or consents in writing, setting forth the action
so taken, shall be signed
by the members having not less than the minimum number of votes that would be
necessary to
authorize or take such action at a meeting which unless otherwise provided in
the operating
agreement or this act shall be a majority in interest of each class entitled to
vote thereon. Unless
otherwise provided in an operating agreement, on any matter that is to be voted
on by members, the
members may vote in person or by proxy.
(e) Unless otherwise provided in the operating agreement or in this act every
member
holding interest in profits shall be entitled to vote.
(f) When, under the provisions of this act or under the provisions
of the articles of
organization or operating agreement of a limited liability company, notice is
required to be given to
a member of a limited liability company a waiver in writing signed by the
person or persons entitled
to the notice, whether made before or after the time for notice to be given, is
equivalent to the giving
of notice.