48-2c-710 - Expulsion of a member.
48-2c-710. Expulsion of a member.
A member of a company may be expelled:
(1) as provided in the company's operating agreement;
(2) by unanimous vote of the other members if it is unlawful to carry on the company'sbusiness with the member; or
(3) on application by the company or another member, by judicial determination that themember:
(a) has engaged in wrongful conduct that adversely and materially affected the company'sbusiness;
(b) has willfully or persistently committed a material breach of the articles of organizationor operating agreement or of a duty owed to the company or to the other members under Section48-2c-807; or
(c) has engaged in conduct relating to the company's business which makes it notreasonably practicable to carry on the business with the member.
A member of a company may be expelled:
(1) as provided in the company's operating agreement;
(2) by unanimous vote of the other members if it is unlawful to carry on the company'sbusiness with the member; or
(3) on application by the company or another member, by judicial determination that themember:
(a) has engaged in wrongful conduct that adversely and materially affected the company'sbusiness;
(b) has willfully or persistently committed a material breach of the articles of organizationor operating agreement or of a duty owed to the company or to the other members under Section48-2c-807; or
(c) has engaged in conduct relating to the company's business which makes it notreasonably practicable to carry on the business with the member.
Enacted by Chapter 260, 2001 General Session
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