§ 57-39.2-15.2 — Governor and manager liability

North Dakota § 57-39.2-15.2

• Jurisdiction: North Dakota
• Title 57: Taxation
• Ch. 57-39.2: Sales Tax

Text

1. If a limited liability company required to hold a permit under this chapter fails for any
reason to file the required returns or to pay the taxes due under this chapter, the
governors, managers, or members of a member-controlled limited liability company,
jointly or severally, charged with the responsibility of supervising the preparation of the
returns and payments are personally liable for the failure. The dissolution of a limited
liability company does not discharge a governor's, manager's, or member's liability for
a prior failure of the limited liability company to file a return or remit the tax due. The
taxes, penalty, and interest may be assessed and collected under the provisions of this
chapter.
2. If the governors, managers, or members elect not to be personally liable for the failure
to file the required returns or to pay the tax due, the limited liability company must be
required to make a cash deposit or post and maintain with the tax commissioner a
bond or undertaking executed by a surety company authorized to do business in this

state. The cash deposit, bond, or undertaking provided for in this section must be in an
amount equal to the estimated annual sales tax liability of the limited liability company.