State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter21 > 21-123

21-123. Liability for inaccurate informationin filed record.(ULLCA207) (a) If a record delivered to the Secretary of State for filing underthe Nebraska Uniform Limited Liability Company Act and filed by the Secretaryof State contains inaccurate information, a person that suffers a loss byreliance on the information may recover damages for the loss from:(1) a person that signedthe record, or caused another to sign it on the person's behalf, and knewthe information to be inaccurate at the time the record was signed; and(2) subject to subsection(b) of this section, a member of a member-managed limited liability companyor the manager of a manager-managed limited liability company, if:(A) the record was deliveredfor filing on behalf of the company; and(B) the member or manager had notice of the inaccuracyfor a reasonably sufficient time before the information was relied upon sothat, before the reliance, the member or manager reasonably could have:(i) effected an amendmentunder section 21-118;(ii)filed a petition under section 21-120; or(iii) delivered to the Secretary of State for filinga statement of change under section 21-114 or a statement of correction undersection 21-122.(b)To the extent that the operating agreement of a member-managed limited liabilitycompany expressly relieves a member of responsibility for maintaining theaccuracy of information contained in records delivered on behalf of the companyto the Secretary of State for filing under the act and imposes that responsibilityon one or more other members, the liability stated in subdivision (a)(2) ofthis section applies to those other members and not to the member that theoperating agreement relieves of the responsibility.(c) An individual who signs a recordauthorized or required to be filed under the act affirms under penalty ofperjury that the information stated in the record is accurate. SourceLaws 2010, LB888, § 23.Operative Date: January 1, 2011