§428-1204  Interrogatories by director. (a)  The director may direct to any limited liability company or foreignlimited liability company subject to this chapter, and to any member or managerof any limited liability company or foreign limited liability company subjectto this chapter, any interrogatories reasonably necessary and proper to enablethe director to ascertain whether the limited liability company or foreignlimited liability company has complied with all of the provisions of thischapter applicable to the limited liability company or foreign limitedliability company.

The interrogatories shall be answered withinthirty days after the date of mailing, or within such additional time as shallbe fixed by the director.  The answers to the interrogatories shall be full andcomplete and shall be made in writing and under oath.  If the interrogatoriesare directed to an individual, they shall be answered by the individual, and ifdirected to a limited liability company or foreign limited liability company,they shall be answered by a manager of a manager-managed company, a member of amember-managed company, or fiduciary if the company is in the hands of areceiver, trustee, or other court appointed fiduciary.

The director need not file any record in acourt of competent jurisdiction to which the interrogatories relate until theinterrogatories are answered as provided in this section, and not then if theanswers thereto disclose that the record is not in conformity with therequirements of this chapter.  The director shall certify to the attorneygeneral, for such action as the attorney general may deem appropriate, allinterrogatories and answers which disclose a violation of this chapter.

(b)  Interrogatories initiated by the directorand the answers shall not be open to public inspection, nor shall the directordisclose any facts or information obtained through interrogatories, exceptinsofar as the director's official duty may require the disclosure to be madepublic, or in the event the interrogatories or the answers are required forevidence in any criminal proceedings, or in any other action by this State. [L1996, c 92, pt of §1; am L 1998, c 11, §22]