Section 404(d) of the Uniform Limited Liability Company Act (1996) provides: "Action requiring the consent of members or managers under this Act may be taken without a meeting." This is a form of resolution adopted by unanimous consent of the members of a limited liability rather than having a formal meeting.
Texas Unanimous Consent to Action By Sole Member of a Limited Liability Company, in Lieu of a Meeting, Accepting and Appointing a New Member
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FAQ
Section 101.112 - Member's Membership Interest Subject to Charging Order (a) On application by a judgment creditor of a member of a limited liability company or of any other owner of a membership interest in a limited liability company, a court having jurisdiction may charge the membership interest of the judgment ...
U. unanimous consent ? Agreement on any question or matter before the Senate that sets aside a rule of procedure to expedite proceedings.
A Directors' Consent in Lieu of Meeting is a written consent for a corporation's specific action without having to arrange a board meeting. If they have previously agreed on passing a particular resolution, then using a written consent is a simple shortcut serving this purpose.
Must the Directors' Consent in Lieu of Meeting be unanimous? The answer is yes, as all of the board members have to approve a resolution in person or in writing. As such, this is one of the prerequisites for the document to be valid.
The principle behind it is that procedural safeguards designed to protect a minority can be waived when there is no minority to protect. In non-legislative deliberative bodies operating under Robert's Rules of Order, unanimous consent is often used to expedite the consideration of uncontroversial motions.
Section 101.206 - Prohibited Distribution; Duty to Return (a) Unless the distribution is made in compliance with Chapter 11, a limited liability company may not make a distribution to a member of the company if, immediately after making the distribution, the company's total liabilities, other than liabilities described ...
(b) The owners or members or the governing authority of a filing entity, or a committee of the governing authority, may take action without holding a meeting, providing notice, or taking a vote if each person entitled to vote on the action signs a written consent or consents stating the action taken.
A Shareholders' Consent to Action Without Meeting, or a consent resolution, is a written statement that describes and validates a course of action taken by the shareholders of a particular corporation without a meeting having to take place between directors and/or shareholders.
