2006 New York Code - Limitations On Distributions.



 
    §  508.  Limitations on distributions. (a) A limited liability company
  shall not make a distribution to a member to the  extent  that,  at  the
  time  of  the distribution, after giving effect to the distribution, all
  liabilities of the limited liability company, other than liabilities  to
  members  on  account  of  their membership interests and liabilities for
  which recourse of creditors is limited  to  specified  property  of  the
  limited liability company, exceed the fair market value of the assets of
  the  limited  liability  company,  except  that the fair market value of
  property that is subject to  a  liability  for  which  the  recourse  of
  creditors  is  limited  shall  be  included in the assets of the limited
  liability company only to  the  extent  that  the  fair  value  of  such
  property exceeds such liability.
    (b)  A  member who receives a distribution in violation of subdivision
  (a) of this section, and who knew at the time of distribution  that  the
  distribution  violated  subdivision (a) of this section, shall be liable
  to the limited liability company for the amount of the  distribution.  A
  member  who  receives  a distribution in violation of subdivision (a) of
  this section, and who did not know at the time of the distribution  that
  the  distribution violated subdivision (a) of this section, shall not be
  liable for the amount of the distribution. Subject to subdivision (c) of
  this section, this  subdivision  shall  not  affect  any  obligation  or
  liability  of a member under the operating agreement or other applicable
  law for the amount of a distribution.
    (c)  Unless  otherwise  agreed,  a  member  who  receives  a  wrongful
  distribution  from  a  limited liability company shall have no liability
  under this article or  other  applicable  law  for  the  amount  of  the
  distribution  after  the  expiration of three years from the date of the
  distribution.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.