Indiana Statutes

§ 23-18-9-6 — Distribution of assets

Indiana·Title 23 BUSINESS AND OTHER ASSOCIATIONS·Art. 18 LIMITED LIABILITY COMPANIES·Ch. 9 Voluntary Dissolution

Upon the winding up of a limited liability company, the assets must be distributed as follows:

(1)To creditors, including members and managers who are creditors to the extent permitted by law, to satisfy the liabilities of the limited liability company whether by payment or by the establishment of adequate reserves except for liabilities for distributions to members under IC 23-18-5-4, and IC 23-18-5-5 or IC 23-18-5-5.1.
(2)Unless otherwise provided in a written operating agreement, to members and former members to satisfy the liabilities for distributions under IC 23-18-5-4 and IC 23-18-5-5.
(3)Unless otherwise provided in a written operating agreement, to members in proportion to the returned contribution.

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Related

Branham Corp. v. Newland Resources, LLC
17 N.E.3d 979 (Indiana Court of Appeals, 2014)
3 case citations
Perkins v. Brown
901 N.E.2d 63 (Indiana Court of Appeals, 2009)
3 case citations

Legislative History

As added by P.L.8-1993, SEC.301. Amended by P.L.269-1999, SEC.16.

Nearby Sections

15
§ 23-0.5-1-1
Short title
§ 23-0.5-1-2
Application
§ 23-0.5-1-4
Delivery of record
§ 23-0.5-1.5-10
"Filed record"
§ 23-0.5-1.5-11
"Filing entity"
§ 23-0.5-1.5-12
"Foreign"
§ 23-0.5-1.5-13
"General partnership"
§ 23-0.5-1.5-14
"Governance interest"
§ 23-0.5-1.5-15
"Governing person"
§ 23-0.5-1.5-16
"Interest"
§ 23-0.5-1.5-17
"Interest holder"
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