6.20.080 Special Powers and Privileges of Samish-Owned Corporations.
(1) The Samish Indian Nation may, from time to time, organize corporations or other business entities to carry out governmental functions on its behalf or to engage in tribal economic development, including but not limited to generating revenues to meet governmental needs and purposes.
(2) The special powers described in this section are available to a corporation that is either (a) wholly owned by the Tribe, or (b) in which the Tribe has at least a 50 percent ownership interest.
(3) The special powers and privileges of a corporation under subsection (2) of this section shall be as follows:
(a) Such corporation shall have any and all of the Tribe’s rights, privileges and immunities (including, without limitation, sovereign immunity) concerning federal and state taxes and jurisdiction to the same extent that the Tribe would have such rights, privileges and immunities if it directly engaged in the activities undertaken by the corporation; and
(b) Such corporation shall have the power to sue and is authorized to consent to be sued in the Tribal Court and other courts of competent jurisdiction except that any recovery against such corporation shall be limited to the assets of the corporation, and that, to be effective, such corporation must explicitly consent to be sued in a contract or other commercial document which specifies the terms and conditions of such consent.
(4) Consent to suit by a corporation under this section shall in no way extend to the Tribe, nor shall a consent to suit by a corporation in any way be deemed a waiver of any of the rights, privileges or immunities of the Tribe. [Res. 2020-04-005 § 2, 2020.]