N.D. Cent. Code § 10-32.1-45
This is the official text of N.D. Cent. Code § 10-32.1-45, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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10-32.1-45. Charging order
Official statutory text
10-32.1-45. Charging order
1. On application by a judgment creditor of a member or transferee and following notice
to the limited liability company of the application, a court may enter a charging order
against the transferable interest of the judgment debtor for the unsatisfied amount of
the judgment.
2. A charging order constitutes a lien on the transferable interest of a judgment debtor
and requires the limited liability company to pay over to the person to which the
charging order was issued any distribution that would otherwise be paid to the
judgment debtor.
3. The member or transferee whose transferable interest is subject to a charging order
may extinguish the charging order by satisfying the judgment and filing a certified copy
of the satisfaction with the court that issued the charging order.
4. At any time before extinguishment under subsection 3, a limited liability company or
one or more members whose transferable interests are not subject to the charging
order may pay to the judgment creditor the full amount due under the judgment and
thereby succeed to the rights of the judgment creditor, including the charging order.
5. This chapter does not deprive any member or transferee of the benefit of any
exemption laws applicable to the transferable interest of the member or transferee.
6. This section provides the exclusive remedy by which a person seeking to enforce a
judgment against a member or transferee may, in the capacity of judgment creditor,
satisfy the judgment from the transferable interest of the judgment debtor.
a. No other remedy, including foreclosure of the transferable interest or a court order
for directions, accounts, and inquiries that the debtor member might have made,
is available to the judgment creditor that is attempting to satisfy the judgment out
of the judgment debtor's interest in the limited liability company.
b. No creditor of a member or transferee has any right to obtain possession of or
otherwise exercise legal or equitable remedies with respect to a property of the
company.
7. This section applies to single member limited liability companies and limited liability
companies with more than one member.
1. On application by a judgment creditor of a member or transferee and following notice
to the limited liability company of the application, a court may enter a charging order
against the transferable interest of the judgment debtor for the unsatisfied amount of
the judgment.
2. A charging order constitutes a lien on the transferable interest of a judgment debtor
and requires the limited liability company to pay over to the person to which the
charging order was issued any distribution that would otherwise be paid to the
judgment debtor.
3. The member or transferee whose transferable interest is subject to a charging order
may extinguish the charging order by satisfying the judgment and filing a certified copy
of the satisfaction with the court that issued the charging order.
4. At any time before extinguishment under subsection 3, a limited liability company or
one or more members whose transferable interests are not subject to the charging
order may pay to the judgment creditor the full amount due under the judgment and
thereby succeed to the rights of the judgment creditor, including the charging order.
5. This chapter does not deprive any member or transferee of the benefit of any
exemption laws applicable to the transferable interest of the member or transferee.
6. This section provides the exclusive remedy by which a person seeking to enforce a
judgment against a member or transferee may, in the capacity of judgment creditor,
satisfy the judgment from the transferable interest of the judgment debtor.
a. No other remedy, including foreclosure of the transferable interest or a court order
for directions, accounts, and inquiries that the debtor member might have made,
is available to the judgment creditor that is attempting to satisfy the judgment out
of the judgment debtor's interest in the limited liability company.
b. No creditor of a member or transferee has any right to obtain possession of or
otherwise exercise legal or equitable remedies with respect to a property of the
company.
7. This section applies to single member limited liability companies and limited liability
companies with more than one member.
Status: in_force · Read it on the official government site
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