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FL S1152

Bill

Status

Introduced

2/16/2011

Primary Sponsor

David Simmons

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Origin

Senate

2011 Regular Session

AI Summary

  • Establishes that a charging order is the sole and exclusive remedy for judgment creditors to satisfy judgments against members or assignees of multimember limited liability companies.

  • Provides an exception for single-member LLCs: if a judgment creditor demonstrates to a court that distributions under a charging order will not satisfy the judgment within a reasonable time, the court may order a foreclosure sale of the LLC interest.

  • Specifies that a purchaser at a court-ordered foreclosure sale of a single-member LLC interest obtains the entire membership interest and becomes the member, while the judgment debtor ceases to be a member.

  • Prohibits foreclosure as a remedy against multimember LLC interests and explicitly states courts may not order such foreclosures for multimember LLCs.

  • Preserves the rights of secured creditors with consensual security interests, principles of law regarding fraudulent transfers, and equitable remedies such as alter ego and constructive trust; applies the amendments retroactively.

Legislative Description

Limited Liability Companies

Last Action

Read 2nd time -SJ 600

4/29/2011

Committee Referrals

Banking and Insurance3/29/2011
Commerce And Tourism3/1/2011

Full Bill Text

No bill text available