Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

 ILCS Listing   Public Acts  Search   Guide   Disclaimer

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

805 ILCS 180/20-5

    (805 ILCS 180/20-5)
    Sec. 20-5. Member's liability for contributions.
    (a) (Blank).
    (b) (Blank).
    (c) A member's obligation to contribute money, property, or other benefit to, or to perform services for, a limited liability company is not excused by the member's death, disability, dissolution, or any other reason. If a member does not make the required contribution of property or services, the member is obligated at the option of the company to contribute money equal to the value of that portion of the required contribution which has not been made. The foregoing option does not limit the availability of any remedy provided for in the operating agreement or under law, including specific performance.
    (d) A creditor of a limited liability company who extends credit or otherwise acts in reliance on an obligation described in subsection (c), and without notice of any compromise under subdivision (4) of subsection (d) of Section 15-1, may enforce the original obligation.
    (e) Subject to Sections 1-43 and 15-5, the operating agreement may provide that the interest of any member that fails to make any contribution that the member is required to make will be subject to specified remedies for, or specified consequences of, the failure. The specified remedies or consequences may include, without limitation:
        (1) Loss of voting, approval, or other rights.
        (2) Loss of the member's ability to participate in
    
the management or operations of the limited liability company.
        (3) Liquidated damages.
        (4) Diluting, reducing, or eliminating the
    
defaulting member's proportionate interest in the company.
        (5) Subordinating the defaulting member's right to
    
receive distributions to that of the nondefaulting members.
        (6) Permitting the forced sale of the defaulting
    
member's interest in the company.
        (7) Permitting one or more nondefaulting members to
    
lend the amount necessary to meet the defaulting member's commitment.
        (8) Adjusting the interest rates or other rates of
    
return, preferred, priority or otherwise, with respect to contributions by or capital accounts of the nondefaulting members.
        (9) Fixing the value of the defaulting member's
    
interest by appraisal or formula and the redemption or sale of the defaulting member's interest at that value.
(Source: P.A. 99-637, eff. 7-1-17.)