Idaho Code 30-25-601 – Power to Dissociate as Member — Wrongful Dissociation
Current as of: 2023 | Check for updates
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(a) A person has the power to dissociate as a member at any time, rightfully or wrongfully, by withdrawing as a member by express will under section 30-25-602(1), Idaho Code.
(b) A person’s dissociation as a member is wrongful only if the dissociation:
(1) Is in breach of an express provision of the operating agreement; or
(2) Occurs before the completion of the winding up of the limited liability company and:
(A) The person withdraws as a member by express will;
(B) The person is expelled as a member by judicial order under section 30-25-602(6), Idaho Code;
(C) The person is dissociated under section 30-25-602(8), Idaho Code; or
(D) In the case of a person that is not a trust other than a business trust, an estate, or an individual, the person is expelled or otherwise dissociated as a member because it willfully dissolved or terminated.
Terms Used In Idaho Code 30-25-601
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114
(c) A person that wrongfully dissociates as a member is liable to the limited liability company and, subject to section 30-25-801, Idaho Code, to the other members for damages caused by the dissociation. The liability is in addition to any debt, obligation, or other liability of the member to the company or the other members.