35-8-302. Admissions of members and managers. (1) Except as provided in subsection (2), an admission or representation made by a member concerning the business or affairs of a limited liability company within the scope of the member's authority as provided for by this chapter is evidence against the limited liability company.
(2) If the articles of organization provide that management of the limited liability company is vested in a manager or managers:
(a) an admission or representation made by a manager concerning the business or affairs of a limited liability company within the scope of the manager's authority, as provided for by this chapter, is evidence against the limited liability company; and
(b) the admission or representation of a member, acting solely in the capacity as a member, may not constitute evidence.
History: En. Sec. 21, Ch. 120, L. 1993.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 8. Montana Limited Liability Company Act
Part 3. Relations of Members and Managers to Persons Dealing With Limited Liability Company
35-8-301. Agency power of members and managers
35-8-302. Admissions of members and managers
35-8-304. Liability of members, managers, and series of members to third parties
35-8-306. Limited liability company liability for member's or manager's conduct
35-8-307. Management and voting
35-8-308. and 35-8-309 reserved
35-8-310. General standards of member's and manager's conduct