assembly Bill A5131

2017-2018 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 - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 20, 2018 referred to corporations, authorities and commissions
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.360
returned to assembly
died in senate
May 10, 2017 referred to corporations, authorities and commissions
delivered to senate
passed assembly
May 04, 2017 advanced to third reading cal.283
May 02, 2017 reported
Apr 25, 2017 reported referred to codes
Feb 06, 2017 referred to corporations, authorities and commissions

A5131 (ACTIVE) - Details

See Senate Version of this Bill:
S5966
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:
2015-2016: A8712, S7526
2019-2020: A453, S2734

A5131 (ACTIVE) - Summary

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

A5131 (ACTIVE) - Bill Text download pdf


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

                                  5131

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by M. of A. STECK -- read once and referred 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.

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