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Mo. Rev. Stat. § 347.171

Action by member, conditions

Known as the Missouri Limited Liability Company Act

The act spans §§ 347–347 (97 sections).

Applied in 1 court decision — leading case 423 F. Supp. 2d 984 - Clockwork Home Services, Inc. v. Robinson (2006)

Most recently applied in 423 F. Supp. 2d 984 - Clockwork Home Services, Inc. v. Robinson (March 2006)

Effective: 01 Dec 1993, see footnote; (L. 1993 S.B. 66 & 20 § 359.816)

A member may bring an action in the right of the limited liability company to recover a judgment in its favor if all of the following conditions are met:

(1) The plaintiff does not have the authority under the provisions of the operating agreement to cause the limited liability company to sue in its own right;

(2) The plaintiff has made demand on the authorized person or persons having the authority to cause the limited liability company to institute such action requesting that such persons cause the limited liability company to sue in its own right;

(3) The persons with such authority have refused to bring the action or, after adequate time to consider the demand, have failed to respond to such demand; and

(4) The plaintiff is a member of the limited liability company at the time of bringing the action, and was a member of the limited liability company at the time of the transaction of which he complains, or his status as a member of the limited liability company thereafter devolved upon him by operation of law or pursuant to the terms of the operating agreement from a person who was a member at such time.

Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.