35-8-1102. Authority to sue on behalf of limited liability company. Except as otherwise provided in the articles of organization or the 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 more than one-half of the members, unless the vote of all members is required under 35-8-403(2), provided that in determining the vote required under 35-8-403, the vote of a member who has an interest in the outcome of the suit that is adverse to the interest of the limited liability company must be excluded; 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 bring suit on behalf of the limited liability company by the vote required pursuant to 35-8-403, provided that in determining the required vote, the vote of a manager who has an interest in the outcome of the suit that is adverse to the interest of the limited liability company must be excluded.

     History: En. Sec. 70, Ch. 120, L. 1993.