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S6660Senate2011-2012 Session

Relates to the authority of a LLC to commence a commercial claim, action or proceeding under various court acts

Sponsor John J. BonacicSD-42Affects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Judiciary

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Sponsors

Primary sponsor
John J. Bonacic

Senator · Senate District 42

Chair, JudiciaryChair, Racing, Gaming And Wagering

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Delivered to assembly
  3. Passed senateVote 58–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.399
  7. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6660

Title of bill

An act to amend the New York city civil court act, the uniform district court act and the uniform city court act, in relation to the authority of a limited liability company to commence a commercial claim action or proceeding

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Local Courts Advisory Committee.

This measure would amend the New York City Civil Court Act, Uniform District Court Act, and Uniform City Court Act to expressly authorize a limited liability company to commence a commercial claim action.

Section 1801-A of the New York City Civil Court Act, Uniform District Court Act, and Uniform City Court Act defines a commercial claim as "any cause for money only not in excess of the maximum amount permitted for a small claim in the small claims part of the court" provided "the clamant is a corporation, partnership or association." NYCCCA §1801-A(a); UDCA §1801-A(a); UCCA §1801-A(a).

A limited liability company is an unincorporated organization of one or more persons having limited liability for the contractual obligations and other liabilities of the business conducted by the business, and is an entity other than a partnership or a trust. See Limited Liability Company Law § 102(m).

Since a limited liability company is a statutory business form, there is no reason to exclude a limited liability company from the privilege to commence a commercial claim.

In addition to expressly authorizing a limited liability company to commence a commercial claim action, this measure would amend section 1809-A of each of the aforementioned Court Acts to make the prohibitions against basing a commercial claim upon an assigned claim and commencing more than five commercial claims actions per month also applicable to a limited liability company.

This measure would have no fiscal impact upon the State. It would take effect immediately.

Legislative history

None. New proposal.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.