450.4211 Validity of action or transfer of property; asserting lack of capacity or power.
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450.4211 Validity of action or transfer of property; asserting lack of capacity or power.
Sec. 211.
An act of a limited liability company and a transfer of real or personal property to or by a limited liability company, otherwise lawful, is not invalid because the company was without capacity or power to do the act or make or receive the transfer, except that the lack of capacity or power may be asserted in any of the following:
(a)In an action by a member against the company to enjoin the doing of an act or the transfer of real or personal property by or to the company.
(b)In an action by or in the right of the company to procure a judgment in its favor against an incumbent or former member or manager of the company for loss or damage due to an unauthorized act of that member or manager.
(c)In an action or special proceeding by the attorney general to dissolve the company or to enjoin it from the transaction of unauthorized business.
History: 1993, Act 23, Eff. June 1, 1993 ;-- Am. 2010, Act 290 , Imd. Eff. Dec. 16, 2010