§428-1302 - Penalties.
[§428-1302] Penalties. (a) Eachlimited liability company and foreign limited liability company that fails orrefuses to file its annual report for any year within the time prescribed bythis chapter shall be subject to a forfeiture of an amount to be determined bythe director not exceeding $100 for every such offense, violation, neglect, orfailure, to be recovered by action brought in the name of the State by thedirector. A continuance of a failure to file the required statement shall be aseparate offense for each thirty days of the continuance. The director, forgood cause shown, may reduce or waive the penalty imposed by this section.
(b) Each limited liability company, domesticor foreign, that delivers for filing to, files, or causes to be filed with thedirector any record, statement, or other document required by this chapterwhich is known to the limited liability company to be false in any materialrespect, shall be guilty of a class C felony.
(c) Any person who signs or certifies as correctany record, statement, or other document filed pursuant to this chapter,knowing the same to be false in any material respect, shall be guilty of aclass C felony.
(d) Any person who negligently but withoutintent to defraud signs or certifies as correct any record, statement, or otherdocument filed pursuant to this chapter, which is false in any materialparticular, shall be punished by a fine not exceeding $500.
(e) Each domestic or foreign limited liabilitycompany that knowingly fails or intentionally refuses to answer truthfully andfully within the time prescribed by this chapter interrogatories directed tothe limited liability company by the director in accordance with this chaptershall be guilty of a class C felony.
(f) Any manager or member of a domestic orforeign limited liability company who knowingly fails or intentionally refuseswithin the time prescribed by this chapter to answer truthfully and fullyinterrogatories directed to the manager or member of a limited liability companyby the director in accordance with this chapter shall be guilty of a class Cfelony.
(g) A person has "knowledge" of afact within the meaning of this section not only when the person has actualknowledge, but also when the person has knowledge of the other facts as in thecircumstances showing bad faith. [L 1996, c 92, pt of §1]