Illinois Compiled Statutes 805 ILCS 180 Limited Liability Company Act. Section 25-50

    (805 ILCS 180/25-50)

    Sec. 25-50. Other claims against dissolved limited liability company.

    (a) A dissolved limited liability company may publish notice of its dissolution and request persons having claims against the company to present them in accordance with the notice.

    (b) The notice must:

        (1) be published at least once in a newspaper of

    general circulation in the county in which the dissolved limited liability company's principal office is located or, if none in this State, in which its designated office is or was last located;

        (2) describe the information required to be contained

    in a claim and provide a mailing address where the claim is to be sent; and

        (3) state that a claim against the limited liability

    company is barred unless a proceeding to enforce the claim is commenced within 5 years after publication of the notice.

    (c) If a dissolved limited liability company publishes a notice in accordance with subsection (b) of this Section, the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved company within 5 years after the publication date of the notice:

        (1) a claimant who did not receive written notice

    under Section 25-45;

        (2) a claimant whose claim was timely sent to the

    dissolved company but not acted on; and

        (3) a claimant whose claim is contingent or based on

    an event occurring after the effective date of dissolution.

    (d) A claim not barred under this Section may be enforced:

        (1) against the dissolved limited liability company,

    to the extent of its undistributed assets; or

        (2) if the assets have been distributed in

    liquidation, against a member of the dissolved company to the extent of the member's proportionate share of the claim or the company's assets distributed to the member in liquidation, whichever is less, but a member's total liability for all claims under this Section may not exceed the total amount of assets distributed to the member.

(Source: P.A. 90-424, eff. 1-1-98.)

Sections:  Previous  25-1  25-5  25-10  25-15  25-20  25-25  25-30  25-35  25-45  25-50

Last modified: February 18, 2015