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- Alaska Statutes.
- Title 10. Corporations and Associations
- Chapter 50. Alaska Revised Limited Liability Company Act
- Section 125. Tenure of Manager.
previous: Section 120
. Manager Eligibility.
next: Section 130
. Limitation of Member Fiduciary Duty.
AS 10.50.125. Tenure of Manager.
- (a) Unless otherwise provided in an operating agreement of the company, a manager of a limited liability company holds
office until the manager's successor is elected and qualified, unless the manager resigns or is removed earlier.
- (b) A manager may not resign as manager of a limited liability company except at the time or upon the happening of events
specified in the operating agreement of the company. An operating agreement may provide that a manager does not have
the right to resign as a manager of a limited liability company. Notwithstanding that an operating agreement provides
that a manager does not have the right to resign as a manager of a limited liability company, a manager may resign as a
manager of a limited liability company at any time by giving notice to the members and any other managers. If the
resignation of a manager violates the operating agreement of the company, in addition to any remedy otherwise available
under applicable law, a limited liability company may recover from the resigning manager damages for breach of the
operating agreement and may offset the damages against the amount otherwise distributable to the resigning manager. If
the manager was the sole manager and if, within 90 days after the resignation, the members fail to agree on the
appointment of a new manager, then each member shall have a say in the management of the company that is equal to the
proportion of the member's capital account in the company.
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