I wrote about this several months ago here CIP-16: Protect ourselves from legal risk by re-organizing and was one of the original voices pushing for the Charter to clarify whether the token holders constitute a GP with unlimited liability.
Perhaps this isn’t a Charter issue and should be relegated to the Operating Agreement with some form of indemnification (I’m not an attorney so I’m not sure whether the LLC could provide that sort of legal protection in a class action). If that is the case, however, the Charter is a second class document.