21-538. Disclosure required when foreign series limited liability company or foreign protected series party to proceeding.

274 words·~1 min read·/ne/chapter-21/21-538

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

(a)Not later than thirty days after becoming a party to a proceeding before a civil, administrative, or other adjudicative tribunal of or located in this state or a tribunal of the United States located in this state:

(1)a foreign series limited liability company shall disclose to each other party the name and street and mailing address of:

(A)each foreign protected series of the company; and

(B)each foreign protected-series manager of and a registered agent for service of process for each foreign protected series of the company; and

(2)a foreign protected series of a foreign series limited liability company shall disclose to each other party the name and street and mailing address of:

(A)the company and each manager of the company and an agent for service of process for the company; and

(B)any other foreign protected series of the company and each foreign protected-series manager of and an agent for service of process for the other foreign protected series.

(b)If a foreign series limited liability company or foreign protected series challenges the personal jurisdiction of the tribunal, the requirement that the foreign company or foreign protected series make disclosure under subsection

(a)of this section is tolled until the tribunal determines whether it has personal jurisdiction.

(c)If a foreign series limited liability company or foreign protected series does not comply with subsection

(a)of this section, a party to the proceeding may:

(1)request the tribunal to treat the noncompliance as a failure to comply with the tribunal’s discovery rules; or

(2)bring a separate proceeding in the court to enforce subsection

(a)of this section.