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S.C. Code Ann. § 33-44-806

Distribution of assets in winding up limited liability company's business

Known as the South Carolina Uniform Limited Liability Company Act

The act spans §§ 33–33 (94 sections).

Applied in 2 court decisions — leading case Historic Charleston Holdings, LLC v. Mallon (2009)

Most recently applied in Historic Charleston Holdings, LLC v. Mallon (February 2009)

1996 Act No. 343, SECTION 2; 2004 Act No. 221, SECTION 31.

(a) In winding up a limited liability company's business, the assets of the company must be applied to discharge its obligations to creditors, including members who are creditors. Any surplus must be applied to pay in money the net amount distributable to members in accordance with their right to distributions under subsection (b).

(b) After application of subsection (a), and if the company is required to maintain capital accounts for its members as contemplated by the Internal Revenue Code, as defined in Chapter 6 of Title 12 and applicable treasury regulations, all remaining cash and other assets must be distributed to the members in accordance with their positive capital account balances, determined after taking into account all capital account adjustments for the taxable year of the company during which the distribution occurs, including adjustments for distributions made pursuant to this section.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.