§ 2-913. Privileges and immunities.
The LLCs established under Sections 2-911 and 2-912 of this Title shall be considered to be instrumentalities of the Nation, and their officers and employees considered officers and employees of the Nation, created for the purpose of carrying out authorities and responsibilities of the Osage Nation government for economic development of the Nation and the advancement of its members. Such LLCs, their directors, officers and employees shall, therefore, be entitled to all of the privileges and immunities enjoyed by the Nation, including but not limited to immunities from suit in federal, state and tribal courts and from federal, state, and local taxation or regulation, except that:
A. The LLC may specifically grant limited waivers of its immunity from suit and consent to be sued in Osage Nation Court or another court of competent jurisdiction pursuant to the procedures and authorities set forth in the LLC’s articles of operation; provided, however, that:
1. Any such waiver or consent to suit granted pursuant to the LLC’s articles of operation shall in no way extend to any action against the Nation, nor shall it in any way be deemed a waiver of any of the rights, privileges and immunities of the Nation;
2. Any recovery against the LLC shall be limited to the assets of the LLC (or such portion of the LLC’s assets as further limited by the waiver or consent), and the Nation shall not be liable for the payment or performance of any of the obligations of the LLC, and no recourse shall be had against any assets or revenues of the Nation in order to satisfy the obligations of the LLC; including assets of the Nation leased, loaned, or assigned to the LLC for its use, without transfer of title; and
3. Any waiver of the LLC’s immunities granted pursuant to the LLC’s articles of organization shall be further limited or conditioned by the terms of such waiver.
B. The sovereign immunity of the LLC shall not extend to actions against the LLC by the Nation acting as member, or, in the case of a subsidiary LLC created pursuant to this part, by the parent LLC acting as member, pursuant to Section 2-991 of this Title.
C. The special privileges and immunities described in this section shall only apply to an LLC wholly owned, directly, or indirectly, by the Nation. ONCA 08-02, eff. June 13, 2008.