§428-1204 - Interrogatories by director.
§428-1204 Interrogatories by director.
(a) The director may direct to any limited liability company or foreign
limited liability company subject to this chapter, and to any member or manager
of any limited liability company or foreign limited liability company subject
to this chapter, any interrogatories reasonably necessary and proper to enable
the director to ascertain whether the limited liability company or foreign
limited liability company has complied with all of the provisions of this
chapter applicable to the limited liability company or foreign limited
liability company.
The interrogatories shall be answered within
thirty days after the date of mailing, or within such additional time as shall
be fixed by the director. The answers to the interrogatories shall be full and
complete and shall be made in writing and under oath. If the interrogatories
are directed to an individual, they shall be answered by the individual, and if
directed 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 a
member-managed company, or fiduciary if the company is in the hands of a
receiver, trustee, or other court appointed fiduciary.
The director need not file any record in a
court of competent jurisdiction to which the interrogatories relate until the
interrogatories are answered as provided in this section, and not then if the
answers thereto disclose that the record is not in conformity with the
requirements of this chapter. The director shall certify to the attorney
general, for such action as the attorney general may deem appropriate, all
interrogatories and answers which disclose a violation of this chapter.
(b) Interrogatories initiated by the director
and the answers shall not be open to public inspection, nor shall the director
disclose any facts or information obtained through interrogatories, except
insofar as the director's official duty may require the disclosure to be made
public, or in the event the interrogatories or the answers are required for
evidence in any criminal proceedings, or in any other action by this State. [L
1996, c 92, pt of §1; am L 1998, c 11, §22]