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In AK - Feel, LLC v . NHAOCG, the court determined An operating agreement can eliminate fiduciary duties of the shareholders. Managing members of an
In AKFeel, LLC v NHAOCG, the court determined
An operating agreement can eliminate fiduciary duties of the shareholders.
Managing members of an LLC automatically do not have any fiduciary duties unless an operating agreement creates one.
An operating agreement cannot eliminate fiduciary duties of the managing members.
In order to eliminate the fiduciary duties of the managing members the language of the operating agreement must be clear and unambiguous.
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