Section 1005. Payment of interest of dissenting members  


Latest version.
  • (a) Within ten days
      after the occurrence of an event described in section ten hundred two of
      this  article,  the  surviving  or  resulting domestic limited liability
      company or other business entity shall send to  each  dissenting  former
      member  a  written  offer  to  pay in cash the fair value of such former
      member's membership interest. Payment in cash  shall  be  made  to  each
      former  member accepting such offer within ten days after notice of such
      acceptance is received by the surviving or  resulting  domestic  limited
      liability company or other business entity.
        (b)  If  a  former  member  and  the  surviving  or  resulting limited
      liability company or other business entity fail to agree on the price to
      be paid for the former member's membership interest within  ninety  days
      after  the  surviving or resulting domestic limited liability company or
      other business  entity  shall  have  made  the  offer  provided  for  in
      subdivision  (a)  of  this section, or if the domestic limited liability
      company  or  surviving  domestic  limited  liability  company  or  other
      business  entity  shall  fail  to  make  such an offer within the period
      provided for in subdivision (a) of this section, the procedure  provided
      for  in  paragraphs  (h),  (i),  (j)  and  (k)  of  section  six hundred
      twenty-three  of  the  business  corporation  law  (or   any   successor
      provisions  or  statute)  shall apply, as such paragraphs may be amended
      from time to time.
        (c) A payment under this  section  shall  constitute  a  return  of  a
      member's  contribution for the purposes of section five hundred eight of
      this chapter.