Public-domain · open source
OpenJurist

Ark. Code Ann. § 4-32-705

Rights of judgment creditor

Known as the Small Business Entity Tax Pass Through Act

The act spans §§ 4–4 (91 sections).

Acts 1993, No. 1003, § 705; 2019, No. 622, § 1.

(1) On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the member's limited liability company interest with payment of the unsatisfied amount of judgment with interest.

(2) To the extent so charged, the judgment creditor has only the rights of an assignee of the member's limited liability company interest.

(3) This chapter does not deprive any member of the benefit of any exemption laws applicable to his or her limited liability company interest.

(4) Upon the filing of a charging application by a judgment creditor of a member under subdivision (a)(1) of this section and the recording of the charging application in the register of the Secretary of State as required under subsection (c) of this section, a temporary lien is created in favor of the judgment creditor against the member's membership interest in the limited liability company interest until a ruling by the court is entered on the record or the application is dismissed.

(5) The Secretary of State shall: Create a register within the Uniform Commercial Code lien filings for charging applications received under subsection (b) of this section; and

(6) Maintain the register so that the register can be searched in the same manner as the lien filings of the Uniform Commercial Code, § 4-1-101 et seq.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.