§ 7-12.1-809. Court proceedings. [Effective January 1, 2023.]
(a) A dissolved limited liability partnership that has published a notice under § 7-12.1-808 may file an application with the Providence County superior court for a determination of the amount and form of security to be provided for payment of claims that are reasonably expected to arise after the date of dissolution based on facts known to the partnership and:
(1) At the time of the application:
(i) Are contingent; or
(ii) Have not been made known to the partnership; or
(2) Are based on an event occurring after the date of dissolution.
(b) Security is not required for any claim that is or is reasonably anticipated to be barred under § 7-12.1-807.
(c) Not later than ten (10) days after the filing of an application under subsection (a) of this section, the dissolved limited liability partnership shall give notice of the proceeding to each claimant holding a contingent claim known to the partnership.
(d) In any proceeding under this section, the court may appoint a guardian ad litem to represent all claimants whose identities are unknown. The reasonable fees and expenses of the guardian, including all reasonable expert witness fees, must be paid by the dissolved limited liability partnership.
(e) A dissolved limited liability partnership that provides security in the amount and form ordered by the court under subsection (a) of this section satisfies the partnership’s obligations with respect to claims that are contingent, have not been made known to the partnership, or are based on an event occurring after the date of dissolution, and such claims may not be enforced against a partner or transferee on account of assets received in liquidation.
History of Section.P.L. 2022, ch. 123, § 2, effective January 1, 2023; P.L. 2022, ch. 124, § 2, effective January 1, 2023.
Structure Rhode Island General Laws
Title 7 - Corporations, Associations and Partnerships
Chapter 7-12.1 - Uniform Partnership Act [Effective January 1, 2023.]
Article 8 - Dissolution and Winding Up [Effective January 1, 2023.]
Section 7-12.1-801. - Events causing dissolution. [Effective January 1, 2023.]
Section 7-12.1-802. - Winding up. [Effective January 1, 2023.]
Section 7-12.1-803. - Rescinding dissolution. [Effective January 1, 2023.]
Section 7-12.1-804. - Power to bind partnership after dissolution. [Effective January 1, 2023.]
Section 7-12.1-809. - Court proceedings. [Effective January 1, 2023.]