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Senate Bill S7526

2015-2016 Legislative Session

Relates to liability of members for wages due to laborers, servants or employees by domestic and foreign limited liability companies

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

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2015-S7526 (ACTIVE) - Details

See Assembly Version of this Bill:
A8712
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Limited Liability Company Law
Laws Affected:
Amd §609, Lim Lil L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5966, A5131
2019-2020: S2734, A453

2015-S7526 (ACTIVE) - Summary

Relates to liability of members for wages due to laborers, servants or employees by domestic and foreign limited liability companies.

2015-S7526 (ACTIVE) - Sponsor Memo

2015-S7526 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7526

                            I N  S E N A T E

                               May 6, 2016
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to  amend  the  limited  liability  company law, in relation to
  liability of members for wages due to laborers, servants or  employees
  by domestic and foreign limited liability companies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (c) of section 609  of  the  limited  liability
company  law, as added by chapter 537 of the laws of 2014, is amended to
read as follows:
  (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
section, the ten members with the largest percentage ownership interest,
as determined as of the beginning of the period during which the  unpaid
services  referred  to  in this section are performed, of every DOMESTIC
limited liability company, OR OF ANY FOREIGN LIMITED LIABILITY  COMPANY,
WHEN  THE UNPAID SERVICES WERE PERFORMED IN THE STATE, shall jointly and
severally be personally liable for all debts, wages or salaries due  and
owing  to  any  of  its  laborers,  servants  or employees, for services
performed by them for such limited liability company. Before such labor-
er, servant or employee shall charge such member for such  services,  he
or  she  shall  give  notice  in  writing  to such member that he or she
intends to hold such member liable under this section. Such notice shall
be given within one  hundred  eighty  days  after  termination  of  such
services.  An action to enforce such liability shall be commenced within
ninety days after the return of an  execution  unsatisfied  against  the
limited  liability company upon a judgment recovered against it for such
services. A member who has paid more than his  or  her  pro  rata  share
under  this  section shall be entitled to contribution pro rata from the
other members liable under this section with respect to  the  excess  so
paid, over and above his or her pro rata share, and may sue them jointly
or  severally or any number of them to recover the amount due from them.
Such recovery may be had in a separate action. As used in this  subdivi-
sion,  "pro  rata" means in proportion to percentage ownership interest.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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