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AR HB1020

Bill

Status

Passed

4/13/2023

Primary Sponsor

John Maddox

Click for details

Origin

House of Representatives

94th General Assembly (2023 Regular)

AI Summary

  • Removes the conditional language "Subject to § 4-38-503(f)" from Arkansas Code § 4-38-502(a), clarifying that transfers of transferable interests in LLCs are permissible without automatic dissociation or dissolution.

  • Amends charging order procedures by allowing courts to charge a transferable interest with payment of unsatisfied judgments, creating a lien that requires the LLC to pay distributions to satisfy the judgment debt.

  • Adds new subsection (h) allowing courts to foreclose charging order liens upon showing that LLC members engaged in bad faith or intentional misconduct to reduce or eliminate distributions to the judgment debtor.

  • Adds new subsection (c) establishing separate foreclosure procedures for sole member LLCs, where the purchaser obtains the entire membership interest and becomes a member, rather than only receiving the transferable interest.

  • Establishes charging orders as the exclusive remedy for judgment creditors of members in multi-member LLCs, prohibiting other remedies except foreclosure in specific circumstances or court orders for directions and accounts.

Legislative Description

To Amend The Uniform Limited Liability Company Act; And To Revise Charging Orders Under The Uniform Limited Liability Company Act.

Last Action

Notification that HB1020 is now Act 795

4/13/2023

Committee Referrals

Insurance and Commerce4/5/2023
Insurance & Commerce3/6/2023
Insurance and Commerce1/9/2023

Full Bill Text

No bill text available