§ 13.1-1046. (Effective until April 1, 2009) Dissolution; generally
A. A limited liability company organized under this chapter is dissolved and its affairs shall be wound up upon the happening of the first to occur of the following events:
1. At the time or on the happening of any events specified in writing in the articles of organization or an operating agreement;
2. Upon the unanimous written consent of the members;
3. The entry of a decree of judicial dissolution under § 13.1-1047; or
4. Automatic cancellation of its certificate pursuant to § 13.1-1064.
B. The certificate of organization of a limited liability company may be canceled involuntarily by order of the Commission upon the limited liability company's conviction for a violation of 8 U.S.C. § 1324a(f), as amended, for actions of its members or managers constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. A certificate canceled pursuant to this subsection shall not be eligible for reinstatement for a period of not less than one year.
C. Before entering any such order the Commission shall issue a rule against the limited liability company giving it an opportunity to be heard and show cause why such an order shall not be entered. The Commission may issue the rule on its own motion or on motion of the Attorney General.
D. Any limited liability company convicted of the offense listed in subsection B shall immediately report such conviction to the Commission and file with the Commission an authenticated copy of the judgment or record of conviction.
(1991, c. 168; 1994, c. 348; 1995, c. 168; 1996, c. 265; 1997, c. 190; 1998, c. 432; 2000, c. 581; 2001, c. 548; 2008, cc. 588, 770.)
§ 13.1-1046. (Effective April 1, 2009) Dissolution; generally.
A. A limited liability company organized under this chapter is dissolved and its affairs shall be wound up upon the happening of the first to occur of the following events:
1. At the time or on the happening of any events specified in writing in the articles of organization or an operating agreement;
2. Upon the unanimous written consent of the members;
3. The entry of a decree of judicial dissolution under § 13.1-1047;
4. Automatic cancellation of its existence pursuant to § 13.1-1050.2; or
5. Involuntary cancellation of its existence pursuant to § 13.1-1050.3.
B. The certificate of organization of a limited liability company may be canceled involuntarily by order of the Commission upon the limited liability company's conviction for a violation of 8 U.S.C. § 1324a(f), as amended, for actions of its members or managers constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. A certificate canceled pursuant to this subsection shall not be eligible for reinstatement for a period of not less than one year.
C. Before entering any such order the Commission shall issue a rule against the limited liability company giving it an opportunity to be heard and show cause why such an order shall not be entered. The Commission may issue the rule on its own motion or on motion of the Attorney General.
D. Any limited liability company convicted of the offense listed in subsection B shall immediately report such conviction to the Commission and file with the Commission an authenticated copy of the judgment or record of conviction.
(1991, c. 168; 1994, c. 348; 1995, c. 168; 1996, c. 265; 1997, c. 190; 1998, c. 432; 2000, c. 581; 2001, c. 548; 2008, cc. 108, 588, 770.)
Sections: Previous 13.1-1040.2 13.1-1041 13.1-1041.1 13.1-1042 13.1-1043 13.1-1044 13.1-1045 13.1-1046 13.1-1047 13.1-1048 13.1-1049 13.1-1049.1 13.1-1049.2 13.1-1049.3 13.1-1050 NextLast modified: April 16, 2009