16.05.130 Certificate of Formation

(a) In order to form a limited liability company, 1 or more authorized persons must execute a certificate of formation. The certificate of formation shall be filed in the office of the Secretary and set forth:

(1) The name of the limited liability company;

(2) The address of the registered office and the name and address of the registered agent for service of process required to be maintained by Section 16.05.050 of this chapter;

(3) The name of each Manager or Member;

(4) Subject to Section 16.05.100(d) of this chapter, a statement that the Company and each Manager or Member consents to at least be subject to the non- exclusive jurisdiction of the Tribal Court; and

(5) any other matters the members determine to include therein.

(b) A limited liability company is formed at the time of the filing of the initial certificate of formation filed in the office of the Secretary or at any later date or time specified in the certificate of formation if, in either case, there has been substantial compliance with the requirements of this section. A limited liability company formed under this chapter shall be a separate legal entity, the existence of which as a separate legal entity shall continue until cancellation of the limited liability company's certificate of formation.

(d) A limited liability company agreement may be entered into either before, after or at the time of the filing of a certificate of formation and, whether entered into before, after or at the time of such filing, may be made effective as of the formation of the limited liability company or at such other time or date as provided in the limited liability company agreement.