§ 57D-6-13. Court proceedings for contingent claims.

292 words·~1 min read·/nc/chapter-57d/57d-6-13

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A dissolved LLC that has published a notice under G.S. 57D-6-11 may file an application with the superior court of the county in this State where the LLC's principal office is or was last located or, if the LLC never had a principal office in this State, the county in this State where the LLC's registered office is or was last located for a determination of the amount and form of security to be provided for payment of claims that are contingent or have not been made known to the dissolved LLC or that are based on an event occurring after dissolution but that, based on the facts known to the dissolved LLC, are estimated to arise after dissolution. Provisions need not be made for any claim that is or is anticipated to be barred under G.S. 57D-6-11(b).

(b)Within 10 days after the filing of the application, the dissolved LLC shall deliver notice of the proceeding to each claimant holding a claim described in subsection

(a)of this section whose contingent claim is shown on the records of the dissolved LLC.

(c)The court may appoint a guardian ad litem to represent all claimants whose identities are unknown in any proceeding brought under this section. The dissolved LLC shall pay the fees and expenses of the guardian, including expert witness fees.

(d)Provision by the dissolved LLC for security in the amount and the form ordered by the court under subsection

(a)of this section satisfies the dissolved LLC's obligations with respect to claims described in subsection

(a)of this section, and the claims may not be enforced against an interest owner who receives assets in liquidation of the LLC. (2013-157, s. 2.)