(a) A claim against a dissolved LLC under N.C. Gen. Stat. § 57D-6-10 or N.C. Gen. Stat. § 57D-6-11 may be enforced against either of the following:

(1) Against the dissolved LLC to the extent of its undistributed assets, including coverage under any insurance policy.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In North Carolina General Statutes 57D-6-12

  • 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) Except as provided in N.C. Gen. Stat. § 57D-6-13(d), against the interest owners of the dissolved LLC in proportion to but not in excess of the distributions, if any, made to each interest owner following the LLC’s dissolution.

(b) N.C. Gen. Stat. § 57D-6-10 and N.C. Gen. Stat. § 57D-6-11 do not extend any applicable period of limitation. (2013-157, s. 2.)