O.C.G.A.

O.C.G.A. § 14-11-607 (2019)

Known claims against dissolved limited liability company

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) A dissolved limited liability company that has filed a statement of commencement of winding up may dispose of the known claims against it by following the procedures described in this Code section.

(b) The dissolved limited liability company may notify its known claimants in writing of the winding up proceedings at any time after the filing of the statement of commencement of winding up. The written notice must:

(1) Describe information that the limited liability company determines must be included in a claim;

(2) Provide a mailing address where a claim may be sent;

(3) State the deadline, which may not be less than six months from the date of mailing of the written notice, by which the dissolved limited liability company must receive the claim;

(4) State that the claim will be barred if not received by the deadline; and

(5) State that the limited liability company will give notice of acceptance or rejection of all claims that are received in timely fashion within six months after the deadline for receipt of claims.

(c) A claim against a dissolved limited liability company is barred:

(1) If a claimant who was given written notice under subsection (b) of this Code section does not deliver the claim to the dissolved limited liability company by the deadline; or

(2) If a claimant whose claim was rejected by the dissolved limited liability company does not commence a proceeding to enforce the claim within one year from the date of mailing of the rejection notice.

(d) For purposes of this Code section, the term ‘‘claim’’ does not include a contingent liability or a claim based on an event occurring after the filing of the statement of commencement of winding up.

History

(Code 1981, § 14-11-607, enacted by Ga. L. 1993, p. 123, § 1.)

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2025 · leading case: Randall E Kimball (Bankr. N.D. Ga. 2025).
Randall E Kimball (Bankr. N.D. Ga. 2025). · cites it 2× “§ 14-11-606, nor 2 was there any evidence presented that any of actions to address claims against the LLC as permitted by O.C.G.A. §§ 14-11-607, 608 were taken or that a certificate of termination was filed with the Secretary of State pursuant to O.”
Remodelers Warehouse (Bankr. S.D. Ga. 2025). · cites it 2× “section 14-11-603(b)(3) provides “[w]inding up the business of a limited liability company administratively dissolved may include, without limitation, the limited liability company proceeding, at any time after the effective date of the administrative dissolution, in accordance…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.