Utah Code 48-3a-801. Direct action by member
Current as of: 2023 | Check for updates
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(1) | Subject to Subsection (2), a member may maintain a direct action against another member, a manager, or the limited liability company to enforce the member’s rights and otherwise protect the member’s interests, including rights and interests under the operating agreement or this chapter or arising independently of the membership relationship. |
(a) | has become a member of a limited liability company under Section 48-3a-401 or was a member in a company when the company became subject to this chapter under Section 48-3a-1405; and |
(b) | has not dissociated under Section 48-3a-602. See Utah Code 48-3a-102 |
(2) | A member maintaining a direct action under this section must plead and prove an actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited liability company. |
Enacted by Chapter 412, 2013 General Session