senate Bill S2734

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A453 - Signed by Governor


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 12, 2019 signed chap.620
Dec 06, 2019 delivered to governor
May 01, 2019 returned to assembly
passed senate
3rd reading cal.367
substituted for s2734
May 01, 2019 substituted by a453
Apr 10, 2019 advanced to third reading
Apr 09, 2019 2nd report cal.
Apr 08, 2019 1st report cal.367
Jan 29, 2019 referred to corporations, authorities and commissions

Votes

view votes

Apr 8, 2019 - Corporations, Authorities and Commissions committee Vote

S2734
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Apr 8, 2019

S2734 (ACTIVE) - Details

See Assembly Version of this Bill:
A453
Law Section:
Limited Liability Company Law
Laws Affected:
Amd §609, Lim Lil L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7526, A8712
2017-2018: S5966, A5131

S2734 (ACTIVE) - Summary

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

S2734 (ACTIVE) - Sponsor Memo

S2734 (ACTIVE) - Bill Text download pdf


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

                                  2734

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 29, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- 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

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

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