Tex. Bus. Orgs. Code § 101.453 · Subchapter J. DERIVATIVE PROCEEDINGS
DEMAND.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A member may not institute a derivative proceeding until the 91st day after the date a written demand is filed with the limited liability company stating with particularity the act, omission, or other matter that is the subject of the claim or challenge and requesting that the limited liability company take suitable action.
(b) The waiting period required by Subsection (a) before a derivative proceeding may be instituted is not required or, if applicable, shall terminate if:
(1) the member has been notified that the demand has been rejected by the limited liability company;
(2) the limited liability company is suffering irreparable injury; or
(3) irreparable injury to the limited liability company would result by waiting for the expiration of the 90-day period.
Notes and commentary — not statutory text
History
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 899 (H.B. 3603), Sec. 15, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BO/htm/BO.101.htm
- Text hash
- sha256 486a8f65e8fc8e0da18c4ba0c38891cab2dff160c5dcbb207983f5d9283a52ca
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Bus. Orgs. Code § 101.453. Each shows the citation as that text prints it.
Business Organizations Code
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