North Carolina General Statutes 57D-6-04. Receivership
(a) The court in a proceeding brought under N.C. Gen. Stat. § 57D-6-02 to dissolve an LLC, or in a proceeding brought under N.C. Gen. Stat. § 57D-6-07(c), may appoint one or more persons to serve as a receiver to manage the business of the LLC pending the court’s decision on dissolution and if dissolution is decreed by the court to wind up the LLC. Before appointing a person to serve as a receiver of an LLC, the court shall hold a hearing on the subject after delivering notice, or causing the party who brought the dissolution proceeding to deliver notice, of the hearing to all parties and any other interested persons designated by the court.
(b) The court may require the receiver to post bond with or without sureties in an amount the court directs.
(c) The court shall describe the powers and duties of the receiver in its appointing order, which the court from time to time may amend. The powers may include the authority to do any of the following:
(1) Dispose of all or any portion of the assets of the LLC wherever located, at a public or private sale.
Terms Used In North Carolina General Statutes 57D-6-04
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(2) Sue and defend in the receiver’s own name as receiver of the LLC.
(3) Exercise all of the powers of the LLC to the extent necessary to manage the business of the LLC or wind up the LLC following dissolution.
(d) The court may order the LLC to compensate the receiver and reimburse the receiver’s expenses, including the fees and expenses of attorneys and other professionals retained by the receiver. (2013-157, s. 2.)