Section 4001-A. Formation of limited liability investment companies  


Latest version.
  • 1.
      Notwithstanding the provisions of section  four  thousand  one  of  this
      article  and when authorized by the superintendent and the banking board
      as provided in article two of this chapter, five  or  more  persons  may
      form  a  limited liability investment company pursuant to the provisions
      of article  twelve  of  this  chapter.  Such  person  or  persons  shall
      subscribe  and  acknowledge  the  articles  of organization in duplicate
      which shall specifically state:
        (a) the name by which the limited liability investment company  is  to
      be known;
        (b) the place where its office is to be located;
        (c) the amount of its capital contributions;
        (d)  if  the  company  is  to  have  classes or groups of members, the
      relative rights, powers, preferences, limitations and voting  powers  of
      each such class or group;
        (e)  the  names  and  places  of  residence of the persons forming the
      company;
        (f) the duration of the company;
        (g) the number of managers charged with the management of the  company
      as  its board, provided that such number shall be in accordance with the
      requirements set forth in section seven thousand two  of  this  article;
      and
        (h)  the  names  of the persons who shall manage the company until the
      first annual meeting of the members, provided  that  such  persons  must
      possess  the qualifications as to citizenship and residence specified in
      section seven thousand one of this article.
        2. No limited liability investment  company  shall  be  authorized  to
      exercise  the  powers set forth in this chapter or the limited liability
      company law unless its capital contributions amount to not less than the
      amounts prescribed by the superintendent.