Tribal Law - Lac Courte Oreilles Band of Lake Superior Ojibwe, Wisconsin; National Indian Law Library, Native American Rights Fund

Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin - Tribal Law

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To contact the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, visit the tribal court's website.

Lac Courte Oreilles Tribal Code of Law.

LLC.1.9.090 Additional Requirements for the Articles of Organization

As set forth in Section LLC.1.9.070, Tribally-owned limited liability companies established under Section LLC.1.9.010 and Section LLC.1.9.020 may grant a limited waiver of sovereign immunity in order to promote economic development through commercial transactions for which such a waiver is necessary and beneficial to the Tribe. The method for granting a limited waiver of sovereign immunity through the above mentioned entities is as follows:

(a) The sovereign immunity of a Tribally-owned LLC may be waived only by:

(1) A resolution adopted by the Board of Directors of the Tribally-owned LLC for the specific purpose of granting a waiver, or in the case of Owner managed Tribally- owned subsidiary LLC, by the Owner's Board of Directors; and

(2) The language of the waiver must be explicit; and

(3) The waiver must be contained in a written contract or commercial document to

which the LLC is a party.

(b) Waivers of sovereign immunity by resolution of the Tribal Council may be granted only when necessary to secure a substantial advantage or benefit to the Tribally-owned LLC. Waivers of sovereign immunity by resolution may not be general but must be specific and limited as to duration, grantee, transaction, property or funds of the Tribally-owned LLC subject to the waiver, court having jurisdiction and applicable law.