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- Alaska Statutes.
- Title 10. Corporations and Associations
- Chapter 50. Alaska Revised Limited Liability Company Act
- Section 140. Conflicts of Interest.
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Section 135. Duty of Care.
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Section 145. Loans to Managers, Managing Members, and Employees.
AS 10.50.140. Conflicts of Interest.
- (a) A contract or other transaction between a limited liability company and a manager or managing member of a limited
liability company, or between a limited liability company and a limited liability company, foreign limited liability
company, corporation, firm, or association in which a manager or managing member of the company has a material
financial interest, is not void or voidable because the manager or managing member or the other company, corporation,
firm, or association are parties or because the manager or managing member is present at the meeting that authorizes,
approves, or ratifies the contract or transaction, if the material facts as to the transaction and as to the interest
of the manager or managing member are fully disclosed or known to the members and the contract or transaction is
approved by the members in good faith, with the interested manager or managing member not being entitled to vote.
- (b) The fact that a manager or managing member of a limited liability company is a manager or managing member of another
entity involved in the transaction does not alone constitute a material financial interest within the meaning of this
section. A manager or managing member is not interested within the meaning of this section in a decision fixing the
compensation of another manager or managing member as a manager or managing member of the company, notwithstanding the
fact that the first manager or managing member is also receiving compensation from the company.
- (c) A contract or other transaction between a manager or managing member and a limited liability company or association of
which one or more managers or managing members of the company are managers or managing members is not void or voidable
because the managers or managing members are present at the meeting that authorizes, approves, or ratifies the contract
or transaction, if the material facts of the transaction and the manager's or managing member's other management
position are fully disclosed or known to the members and the members authorize, approve, or ratify the contract or
transaction in good faith by a sufficient vote without counting the vote of the common manager or managing member or
the contract or transaction is approved by the members in good faith. This subsection does not apply to contracts or
transactions covered by (a) of this section.
- (d) Nothing in this section affects the prohibitions or restraints imposed by AS 45.50.562
- 45.50.596.
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