Skip to main content

New York Consolidated Laws, Limited Liability Company Law - LLC § 602. Admission of members

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a)?A person becomes a member of a limited liability company on the later of:

(1)?the effective date of the initial articles of organization; ?or

(2)?the date as of which the person becomes a member pursuant to this section or the operating agreement; ?provided, however, that if such date is not ascertainable, the date stated in the records of the limited liability company.

(b)?After the effective date of a limited liability company's initial articles of organization, a person may be admitted as a member:

(1)?in the case of a person acquiring a membership interest directly from the limited liability company, upon compliance with the operating agreement or, if the operating agreement does not so provide, upon the vote or written consent of a majority in interest of the members;

(2)?in the case of an assignee of a membership interest of a member who has the power, as provided in the operating agreement, to grant the assignee the right to become a member, upon the exercise of that power and compliance with any conditions limiting the grant or exercise of the power; ?or

(3)?unless otherwise provided in an agreement of merger or consolidation or the operating agreement, in the case of a person acquiring a membership interest in a surviving or resulting limited liability company pursuant to a merger or consolidation approved in accordance with subdivision (b) of section one thousand one of this chapter, at the time provided in and upon compliance with the operating agreement of the surviving or resulting limited liability company.

Cite this article: FindLaw.com - New York Consolidated Laws, Limited Liability Company Law - LLC § 602. Admission of members - last updated January 01, 2021 | https://codes.findlaw.com/ny/limited-liability-company-law/llc-sect-602/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard