State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
HOUSE BILL NO. 1192
Introduced by: Representatives Gosch and Lust and Senator Gray
FOR AN ACT ENTITLED, An Act to amend certain limited liability company language.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 47-34A-504 be amended to read as follows:
47-34A-504. (a) On application by a judgment creditor of a member of a limited liability
company or of a member's transferee, a court having jurisdiction may charge the distributional
interest of the judgment debtor to satisfy the judgment.
(b) A charging order constitutes a lien on the judgment debtor's distributional interest.
(c) A distributional interest in a limited liability company which is charged may be
(1) By the judgment debtor;
(2) With property other than the company's property, by one or more of the other
(3) With the company's property, but only if permitted by the operating agreement.
(d) This chapter does not affect a member's right under exemption laws with respect to the
member's distributional interest in a limited liability company.
(e) This section provides the exclusive remedy that a judgment creditor of a member's
distributional interest or a member's assignee may use to satisfy a judgment out of the judgment
debtor's interest in a limited liability company. No other remedy, including foreclosure on the
member's distributional interest or a court order for directions, accounts, and inquiries that the
debtor, member might have made, is available to the judgment creditor attempting to satisfy the
judgment out of the judgment debtor's interest in the limited liability company.
(f) No creditor of a member or a member's assignee has any right to obtain possession of,
or otherwise exercise legal or equitable remedies with respect to, the property of the company.
(g) This section applies to single member limited liability companies in addition to limited
liability companies with more than one member.