Kansas Statutes 17-76,150. Vote, consent or approval required for certain actions
Terms Used In Kansas Statutes 17-76,150
- Articles of organization: means the articles of organization referred to in Kan. See Kansas Statutes 17-7663
- Foreign limited liability company: means a limited liability company formed under the laws of any state or under the laws of any foreign country or other foreign jurisdiction. See Kansas Statutes 17-7663
- Operating agreement: means any agreement, whether referred to as an operating agreement, limited liability company agreement or otherwise, written, oral, or implied, of the member or members as to the affairs of a limited liability company and the conduct of its business. See Kansas Statutes 17-7663
Notwithstanding any other provision of the Kansas revised limited liability company act and unless otherwise provided in the operating agreement, a statutory public benefit limited liability company may not, without the vote, consent or approval of members who own at least 2/3 of the then-current percentage or other interest in the profits of the limited liability company owned by all members:
(a) Amend its articles of organization to delete or amend a provision required by Kan. Stat. Ann. § 17-76,149(a), and amendments thereto;
(b) merge or consolidate with or into another entity or divide into two or more domestic limited liability companies if, as a result of such merger, consolidation or division, the limited liability company interests in such limited liability company would become, or be converted into or exchanged for the right to receive, limited liability company interests or other equity interests in a domestic or foreign limited liability company or other entity that is not a statutory public benefit limited liability company or similar entity, the articles of organization or operating agreement, or similar governing document, of which does not contain provisions identifying a public benefit or public benefits comparable in all material respects to those set forth in the articles of organization of such limited liability company as contemplated by Kan. Stat. Ann. § 17-76,149(a), and amendments thereto, or that does not contain provisions imposing requirements pursuant to Kan. Stat. Ann. § 17-76,152, and amendments thereto, that are comparable in all material respects to those set forth in the articles of organization of such limited liability company; or
(c) cease to be a statutory public benefit limited liability company under the provisions of Kan. Stat. Ann. § 17-76,148 through 17-76,155, and amendments thereto.