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FL S1152
Bill
Status
2/16/2011
Primary Sponsor
David Simmons
Click for details
AI Summary
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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.
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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.
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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.
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Prohibits foreclosure as a remedy against multimember LLC interests and explicitly states courts may not order such foreclosures for multimember LLCs.
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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