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Kentucky · Snapshot 09/05/2026

KRS 275.260: Member's transferable interest subject to charging order.

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Where this section sits in the code
  1. KRS Chapter 275

(1) This section provides the exclusive remedy by which the judgment creditor of a

member or the assignee of a member may satisfy a judgment out of the

judgment debtor's limited liability company interest.

(2) On application to a court of competent jurisdiction by a judgment creditor of a

member or a member's assignee, a court may charge the judgment debtor's

interest in the limited liability company with payment of the unsatisfied amount

of the judgment. To the extent so charged, the judgment creditor has only the

rights of an assignee and shall have no right to participate in the management

or to cause the dissolution of the limited liability company. The court may

appoint a receiver of the share of the distributions due or to become due to the

judgment debtor in respect of the limited liability company interest and make all

other orders, directions, accounts, and inquiries the judgment debtor might

have made or which the circumstances of the case may require to give effect to

the charging order.

(3) A charging order constitutes a lien on and the right to receive distributions

made with respect to the judgment debtor's limited liability company interest. A

charging order does not of itself constitute an assignment of the limited liability

company interest.

(4) The court may order a foreclosure upon the limited liability company interest

subject to the charging order at any time. The purchaser of the limited liability

company interest at the foreclosure sale has the rights of an assignee. At any

time before foreclosure, the charged limited liability company interest may be

redeemed:

(a) By the judgment debtor;

(b) With property other than limited liability company property, by one (1) or

more of the other members; and

(c) With limited liability company property, by the limited liability company

with the consent of all members whose interest are not so charged.

(5) This section does not deprive a member or a member's assignee of the benefit

of any exemption laws applicable to the member's or assignee's limited liability

company interest.

(6) The limited liability company is not a necessary party to an application for a

charging order. Service of the charging order on a limited liability company may

be made by the court granting the charging order or as the court should

otherwise direct.

(7) This section does not apply to the enforcement of a judgment by a limited

liability company against a member of that company.

(8) This section does apply to the issuance of a charging order against the interest

of a member or assignee of a member of a foreign limited liability company.

Collected 2026-09-05T20:53:27Z. Source file · JSON

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