304-C:90 Formula for Allocations of Profits and Losses. –
I. The profits and losses of a limited liability company shall be allocated among the members, and among classes or groups of members, in the manner provided in the operating agreement.
II. Unless the operating agreement provides otherwise, profits and losses shall be allocated on the basis of the agreed value, as of the date of contribution, of the contributions made by each member to the extent that the limited liability company has received these contributions and has not returned them in a return specifically identified in writing as a return of a capital contribution.