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HomeCorporations CodeCh. 6§ 5612 Joint Membership Voting Rules

§ 5612 Joint Membership Voting Rules

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5612 Joint Membership Voting Rules

Key Takeaways

  • •If two or more people own a membership together, they need to tell the company in writing if they have special rules for voting.
  • •If they don’t tell the company, and only one person votes, that vote counts for everyone.
  • •If more than one person votes, the majority vote (most votes) counts for everyone.

Example

Three friends own a membership in a company together. They didn’t tell the company how they want to vote.

If two of them vote 'yes' and one votes 'no,' the 'yes' vote wins because the majority voted that way. The company will count it as a 'yes' for all three friends.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5612 Joint Membership Voting Rules

If a membership stands of record in the names of two or more persons, whether fiduciaries, members of a partnership, joint tenants, tenants in common, spouses as community property, tenants by the entirety, or otherwise, or if two or more persons (including proxyholders) have the same fiduciary relationship respecting the same membership, unless the secretary of the corporation is given written notice to the contrary and is furnished with a copy of the instrument or order appointing them or creating the relationship wherein it is so provided, their acts with respect to voting shall have the following effect: (a) If only one votes, such act binds all; (b) If more than one vote, the act of the majority so voting binds all. (Amended by Stats. 2016, Ch. 50, Sec. 22. (SB 1005) Effective January 1, 2017.)

Last verified: January 23, 2026

Key Terms

membershipvotingwritten noticesecretary of the corporation

Related Statutes

  • § 7612 Joint Membership Voting Rules
  • § 12482 Joint Membership Voting Rules
  • § 18310 Membership Termination Rules
  • § 18330 Member Voting Rules
  • § 9633 Corporate Asset Disposal Notice

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 5612.
View Official Source