Section 64Part 11 — MISCELLANEOUS
Agreement as to benefits
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A person who has executed the LLC agreement of a limited liability company or who is named or otherwise identified (including as a class) in that LLC agreement shall not be deemed to be or otherwise construed as a member of that limited liability company —
if that person has executed the LLC agreement solely in order to take the benefit of a provision of, or assume an obligation under, the LLC agreement otherwise than as a member; or
where, on proper construction of the LLC agreement, the parties did not intend that person to be a member of that limited liability company.