47-1A-833. Directors' liability for unlawful distributions.
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/sd/title-47/chapter-47-1/47-1a-833·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A director who votes for or assents to a distribution in excess of what may be authorized and made pursuant to § 47-1A-640 or 47-1A-1409 is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating § 47-1A-640 or 47-1A-1409 if the party asserting liability establishes that when taking the action the director did not comply with §§ 47-1A-830 and 47-1A-830.1 . A proceeding to enforce the liability of a director under this section is barred unless it is commenced within two years after the date:
(1)On which the effect of the distribution was measured under § 47-1A-640.2 or 47-1A-640.4 ;
(2)As of which the violation of § 47-1A-640 occurred as the consequence of disregard of a restriction in the articles of incorporation; or
(3)On which the distribution of assets to shareholders under § 47-1A-1409 was made.