2011 Connecticut Code
Title 34 Limited Partnerships, Partnerships, Professional Associations, Limited Liability Companies and Statutory Trusts
Chapter 613 Limited Liability Companies
Sec. 34-187. Authority to sue on behalf of limited liability company.

      Sec. 34-187. Authority to sue on behalf of limited liability company. (a) Except as otherwise provided in an operating agreement, suit on behalf of the limited liability company may be brought in the name of the limited liability company by: (1) Any member or members of a limited liability company, whether or not the articles of organization vest management of the limited liability company in one or more managers, who are authorized to sue by the vote of a majority in interest of the members, unless the vote of all members shall be required pursuant to subsection (b) of section 34-142; or (2) any manager or managers of a limited liability company, if the articles of organization vest management of the limited liability company in one or more managers, who are authorized to sue by the vote required pursuant to section 34-142.

      (b) In determining the vote required under section 34-142 for purposes of this section, the vote of any member or manager who has an interest in the outcome of the suit that is adverse to the interest of the limited liability company shall be excluded.

      (P.A. 93-267, S. 63; P.A. 94-217, S. 22.)

      History: P.A. 94-217 amended Subsec. (a)(1) to replace "the vote of more than one-half by number of members" with "the vote of a majority in interest of the members".

      Subsec. (b):

      An individual's exclusion for an adverse interest in the outcome of the suit must pertain to the litigation in question for the vote, not another action pending with different parties and separate issues. 123 CA 416.