S.C. Code Ann. § 33-43-406 – [Repealed eff January 1, 2001] Restrictions on the transfer of any rights in the member's interest | Midpage
§ 33-43-406
S.C. Code Ann. § 33-43-406
[Repealed eff January 1, 2001] Restrictions on the transfer of any rights in the member's interest
(A) Transfer or assignment of any rights in a member's interest in a limited liability company may be restricted, provided, however, such restriction is not binding unless the member either is a party to the agreement imposing the restriction or voted in favor of the restriction.
(B) A written restriction on the transfer or assignment of all or part of the rights of the member's interest (which may be entered into for any reason) that is noted conspicuously in a requested statement of membership rights may be enforced against the owner of the interest or a successor or transferee of the owner, including a pledgee or legal representative. Unless noted conspicuously in a requested statement of membership interest, a restriction is ineffective against a person without knowledge of the restriction.
(C) A would-be assignee or transferee is entitled to rely on a statement of membership rights issued by the limited liability company under Section 33-43-405(C). A restriction on the assignment or transfer of all or a part of the member's interest, which is otherwise valid and in effect at the time of the issuance of a statement of membership rights but which is not reflected in that statement, is ineffective against an assignee or transferee who takes an assignment or receives a transfer in reliance on the statement of membership rights.