2006 Code of Virginia § 13.1-1049.3 - Court proceedings.

13.1-1049.3. Court proceedings.

A. A dissolved limited liability company that has published a notice under 13.1-1049.2 may file an application with the circuit court of the city orcounty where the dissolved limited liability company's principal office, or,if none in the Commonwealth, its registered office, is or was last locatedfor a determination of the amount and form of security to be provided forpayment of claims that are contingent or have not been made known to thedissolved limited liability company or that are based on an event occurringafter the effective date of dissolution but that, based on the facts known tothe dissolved limited liability company, are reasonably estimated to ariseafter the effective date of dissolution. Provision need not be made for anyclaim that is or is reasonably anticipated to be barred under subsection C of 13.1-1049.2.

B. Within 10 days after the filing of the application, notice of theproceeding shall be given by the dissolved limited liability company to eachclaimant holding a contingent claim whose contingent claim is shown on therecords of the dissolved limited liability company.

C. The court may appoint a guardian ad litem to represent all claimants whoseidentities are unknown in any proceeding brought under this section. Thereasonable fees and expenses of such guardian, including all reasonableexpert witness fees, shall be paid by the dissolved limited liability company.

D. Provision by the dissolved limited liability company for security in theamount and the form ordered by the court under subsection A shall satisfy thedissolved limited liability company's obligations with respect to claims thatdo not meet the definition of a claim in subsection D of 13.1-1049.1, andsuch claims may not be enforced against a member who received assets inliquidation.

(2006, c. 912.)