Maine § 1555. - Limitations on distribution and liability for improper distributions

Full text of Maine Maine Revised Statutes § 1555. — Limitations on distribution and liability for improper distributions, with citation guidance and answers to common questions.

§ 1555.. Limitations on distribution and liability for improper distributions

1.  Improper distribution.  A limited liability company may not make a distribution to the extent that at the time of the distribution, after giving effect to the distribution, all liabilities of the limited liability company, other than liabilities to members on account of their limited liability company interests and liabilities for which the recourse of creditors is limited to specific property of the limited liability company, exceed the fair value of the assets of the limited liability company, except that the fair value of the property that is subject to a liability for which recourse of creditors is limited must be included in the assets of the limited liability company only to the extent that the fair value of the property exceeds that liability.

2.  Liability for improper distribution.  A person who receives a distribution in violation of subsection 1, and who knew at the time of the distribution that the distribution violated subsection 1, is liable to the limited liability company for the amount of the distribution. A person who receives a distribution in violation of subsection 1, and who did not know at the time of the distribution that the distribution violated subsection 1, is not liable for the amount of the distribution. Subject to subsection 4, this subsection does not affect any obligation or liability of a person under an agreement or other applicable law for the amount of a distribution.

3.  Action barred after 2 years.  An action under this section is barred if not commenced within 2 years after the distribution.

4.  Distribution exclusions.  For purposes of this section, "distribution" does not include amounts constituting reasonable compensation for present or past services or reasonable payments made in the ordinary course of business under a bona fide retirement plan or other benefits program.

5.  Distribution made in accordance with section 1601.  This section does not apply to distributions made in accordance with section 1601.

Source: official Maine text · Last verified 2026-08-27

Frequently Asked Questions About Maine § 1555.

What does Maine Revised Statutes § 1555. cover?

Section 1555. ("Limitations on distribution and liability for improper distributions") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maine § 1555.?

A common citation format is "Maine Revised Statutes § 1555." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maine law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.

How does Maine § 1555. apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maine.