§ 55A-6-24. Creditor's action against member. - North Carolina Statutes

§55A‑6‑24.  Creditor's action against member.

(a)        A creditor of acorporation shall not bring a proceeding to enforce any liability of a memberto the corporation unless final judgment has been rendered in favor of thecreditor against the corporation and execution has been returned unsatisfied inwhole or in part or unless a proceeding against the corporation would befutile.

(b)        All creditors ofthe corporation, with or without reducing their claims to judgment, mayintervene in any creditor's proceeding brought under subsection (a) of thissection to collect and apply the proceeds of obligations owed to thecorporation.  Any or all members who are indebted to the corporatiyon may bejoined in such proceeding. (1993, c. 398, s. 1.)