State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter21 > 21-150

21-150. Other claims against dissolved limitedliability company.(ULLCA704) (a) A dissolved limited liability company shall publish notice of itsdissolution and request persons having claims against the company to presentthem in accordance with the notice.(b) The notice requiredby subsection (a) of this section must:(1) be published three successive weeks in some legalnewspaper of general circulation in the county in this state in which thedissolved limited liability company's principal office is located or, if ithas none in this state, in the county in which the company's designated officeis or was last located;(2)describe the information required to be contained in a claim and provide amailing address to which the claim is to be sent; and(3) state that a claim against thecompany is barred unless an action to enforce the claim is commenced withinfive years after the publication date of the third required notice.(c) If a dissolved limitedliability company publishes a notice in accordance with subsection (b) ofthis section, unless the claimant commences an action to enforce the claimagainst the company within five years after the publication date of the thirdrequired notice, the claim of each of the following claimants is barred:(1) a claimant that didnot receive notice in a record under section 21-149;(2) a claimant whose claim was timelysent to the company but not acted on; and(3) a claimant whose claim is contingent at, or basedon an event occurring after, the effective date of dissolution.(d) A claim not barredunder this section may be enforced:(1) against a dissolved limited liability company,to the extent of its undistributed assets; and(2) if assets of the company havebeen distributed after dissolution, against a member or transferee to theextent of that person's proportionate share of the claim or of the assetsdistributed to the member or transferee after dissolution, whichever is less,but a person's total liability for all claims under this subdivision doesnot exceed the total amount of assets distributed to the person after dissolution. SourceLaws 2010, LB888, § 50.Operative Date: January 1, 2011