Utah Code 48-3a-1201. Series of transferable interests
Current as of: 2023 | Check for updates
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(1) | An operating agreement may establish or provide for the establishment of a designated series of transferable interests having separate rights, powers, or duties with respect to specified property or obligations of the limited liability company or profits and losses associated with specified property or obligations, and, to the extent provided in the operating agreement, any such series may have a separate business purpose or investment objective. The name of each series must contain the name of the limited liability company and be distinguishable from the name of any other series. |
(a) | an assignment; |
(b) | a conveyance; |
(c) | a sale; |
(d) | a lease; |
(e) | an encumbrance, including a mortgage or security interest; |
(f) | a gift; and |
(g) | a transfer by operation of law. See Utah Code 48-3a-102 | ||||||||||
(2) | Notwithstanding contrary provisions of this chapter, the debts, liabilities, and obligations incurred, contracted for, or otherwise existing with respect to a particular series shall be enforceable against the assets of that series only, and not against the assets of the limited liability company generally or any other series, if all of the following apply:
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(4) | Notwithstanding the other provisions of this section:
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(5) | Notwithstanding the other provisions of this part:
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(6) | Except to the extent modified by this part, the provisions of this chapter which are generally applicable to a limited liability company, and its managers, members, and transferees, shall be applicable to each series with respect to the operations of such a series. |
Enacted by Chapter 412, 2013 General Session