                                 CODE OF VIRGINIA

ENFORCEMENT OF CLAIM AGAINST NON-ASSOCIATED ASSET (§ 13.1-1099.10)

A. As used in this section:
			&#8220;Enforcement date&#8221; means 12:01 a.m. on the date on which a
claimant first serves process on a series limited liability company or protected
series of the series limited liability company in an action seeking to enforce
under this section a claim against an asset of the series limited liability
company or protected series by attachment, levy, or other action.
			&#8220;Incurrence date&#8221; means, subject to subsection B of &#xA7;
13.1-1099.20, the date on which a series limited liability company or protected
series of the series limited liability company incurred the liability giving
rise to a claim that a claimant seeks to enforce under this section.

B. If a claim against a series limited liability company or a protected series
of the series limited liability company has been reduced to judgment, in
addition to any other remedy provided by law or equity, the judgment may be
enforced in accordance with the following rules:

   1. A judgment against the series limited liability company may be enforced
   against an asset of a protected series of the series limited liability company
   if the asset:
   				a. Was a non-associated asset of the protected series on the incurrence
   date; or
   				b. Is a non-associated asset of the protected series on the enforcement
   date.

   2. A judgment against a protected series may be enforced against an asset of
   the series limited liability company if the asset:
   				a. Was a non-associated asset of the series limited liability company on
   the incurrence date; or
   				b. Is a non-associated asset of the series limited liability company on
   the enforcement date.

   3. A judgment against a protected series may be enforced against an asset of
   another protected series of the series limited liability company if the asset:
   				a. Was a non-associated asset of the other protected series on the
   incurrence date; or
   				b. Is a non-associated asset of the other protected series on the
   enforcement date.

C. In addition to any other remedy provided by law or equity, if a claim against
a series limited liability company or a protected series of the series limited
liability company has not been reduced to a judgment and law other than this
article permits a prejudgment remedy by attachment, levy, or other action, the
court may apply subsection B as a prejudgment remedy.

D. In a proceeding under this section, the party asserting that an asset is or
was an associated asset of a series limited liability company or a protected
series of the series limited liability company has the burden of proof on the
issue.

E. This section applies to an asset of a foreign series limited liability
company or foreign protected series of the foreign series limited liability
company if:

   1. The asset is real or tangible property located in the Commonwealth;

   2. The claimant is a resident of the Commonwealth or transacting business or
   registered to transact business in the Commonwealth, or the claim under this
   section is to enforce a judgment, or to seek a pre-judgment remedy, pertaining
   to a liability arising from law of the Commonwealth other than this article or
   an act or omission in the Commonwealth; and

   3. The asset is not identified in the records of the foreign series limited
   liability company or foreign protected series of the foreign series limited
   liability company in a manner comparable to the manner required by &#xA7;
   13.1-1099.2.

HISTORY: 2019, c. 636.