§ 3055 - Sharing of profits and losses and right to distributions - Vermont Statutes

§ 3055. Sharing of profits and losses and right to distributions

(a) The profits and losses of a limited liability company shall be allocated among the members or the holders of distributional interests, as the case may be, in proportion to the agreed value, as stated in the limited liability company records required to be kept under this chapter, of the contributions made by each member, taking into account variations in the capital contributions of each member during the period for which such allocations are made.

(b) Any distributions made by a limited liability company before its dissolution and winding up shall be made among the members or the holders of distributional interests, as the case may be, in proportion to the agreed value, as stated in the limited liability company records required to be kept under this chapter, of the contributions made by each member as of the date of such distribution.

(c) A member has no right to receive, and may not be required to accept, a distribution in kind.

(d) If a member becomes entitled to receive a distribution, the member has the status of, and is entitled to all remedies available to, a creditor of the limited liability company with respect to the distribution. (Added 1995, No. 179 (Adj. Sess.), § 4.)