Section 4001-B. Formation of limited liability trust 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  trust company pursuant to the provisions of
      article three 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 trust  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 trust 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.