TITLE XXVIII
PARTNERSHIPS

CHAPTER 304-C
LIMITED LIABILITY COMPANIES

Limited Liability Company Formations; Related Matters

Section 304-C:39

    304-C:39 Signing, Amendment, and Cancellation of Certificates by Judicial Order. –
I. If a person required to sign a certificate required by this act fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior court to direct the signing of the certificate.
II. If the superior court finds that the signing of the certificate is proper and that any person so designated has failed or refused to sign the certificate, it shall order the secretary of state to record an appropriate certificate or enter an order granting other appropriate relief.
III. If a person required to sign an operating agreement or an amendment of the agreement fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior court to direct the signing of the operating agreement or amendment.
IV. If the court finds that the operating agreement or amendment of the agreement should be signed and that any person required to sign the operating agreement or amendment of the agreement has failed or refused to do so, it shall order the person to sign the agreement or amendment or it shall enter an order granting other appropriate relief.

Source. 2012, 232:2, eff. Jan. 1, 2013.