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§ 4A-607. Orders to charge against member's interest

West's Annotated Code of MarylandCorporations and AssociationsEffective: October 1, 2012

West's Annotated Code of Maryland
Corporations and Associations
Title 4a. Limited Liability Company Act (Refs & Annos)
Subtitle 6. Membership
Effective: October 1, 2012
MD Code, Corporations and Associations, § 4A-607
§ 4A-607. Orders to charge against member's interest
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Creditor” means a person for whom a court may issue an attachment under Title 3, Subtitle 3 of the Courts Article.
(3) “Debtor” means a person whose property or credits are subject to attachment under Title 3, Subtitle 3 of the Courts Article.
Court orders
(b)(1) On application by a creditor of a debtor holding an economic interest in a limited liability company, a court having jurisdiction may charge the economic interest of the debtor in the limited liability company for the unsatisfied amount of the debt.
(2) The court may appoint a receiver for the distributions due or to become due to the debtor with respect to the limited liability company and make all other orders, directions, accounts, and inquiries that the debtor would have been entitled to make or that the circumstances of the case may require.
Liens; foreclosure
(c)(1) A charging order constitutes a lien on the economic interest of the debtor in the limited liability company and requires the limited liability company to pay over to the creditor only any distributions that would otherwise be payable to the debtor whose economic interest is charged.
(2) Subject to paragraph (3) of this subsection, the noneconomic interest of a debtor whose economic interest is subject to a charging order is unaffected and is retained by the debtor.
(3)(i) Unless otherwise agreed, on a showing that the distributions under a charging order will not pay the amount owed to the creditor within a reasonable time, the court may order foreclosure of the economic interest subject to the charging order and order the sale of the economic interest of the debtor.
(ii) The purchaser of the economic interest of the debtor at the foreclosure sale is an assignee as provided in §§ 4A-603 and 4A-604 of this subtitle.
Redemption
(d) Before a foreclosure under this section, an economic interest charged may be redeemed with property:
(1) Other than property of the limited liability company, by the debtor;
(2) Other than property of the limited liability company, by one or more of the members other than the debtor; or
(3) Of the limited liability company, with the consent of the members as provided in the operating agreement or, if the operating agreement does not so provide, with the consent of all of the members whose economic interests are not so charged.
Exemption laws
(e) This title does not deprive a debtor of a right under exemption laws with respect to the economic interest of the debtor in the limited liability company.
Exclusive remedy
(f) This section provides the exclusive remedy by which a creditor of a member may attach the membership interest of the member or otherwise satisfy the outstanding debt of the member out of the membership interest of the member.

Credits

Added by Acts 2011, c. 597, § 1, eff. June 1, 2011. Amended by Acts 2012, c. 599, § 1, eff. Oct. 1, 2012; Acts 2012, c. 600, § 1, eff. Oct. 1, 2012.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Prior Laws:
Former Corporations and Associations § 4A-607, added by Acts 1992, c. 536, § 1, related to orders to charge against member's interest in a limited liability company, repealed by Acts 2011, c. 597, § 1, eff. June 1, 2011. See, now, this section.
MD Code, Corporations and Associations, § 4A-607, MD CORP & ASSNS § 4A-607
Current through all legislation from the 2019 Regular Session of the General Assembly.
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