Ohio Rev. Code Ann. § 1706.769
Separate asset series-activities and proceedings after dissolution.
Effective Apr 12, 2021Senate Bill 276 - 133rd General Assembly
(A) A dissolved series continues its existence as a series but shall not carry on any activities except as is appropriate to wind up and liquidate its activities and affairs. Appropriate activities include all of the following:
- (1) Collecting the assets of the series;
- (2) Disposing of the properties of the series that will not be distributed in kind to persons owning membership interests associated with the series;
- (3) Discharging or making provisions for discharging the liabilities of the series;
- (4) Distributing the remaining property of the series in accordance with section 1706.7613 of the Revised Code;
- (5) Doing any other act necessary to wind up and liquidate the series' activities and affairs.
(B) In winding up a series' activities, a series may do any of the following:
- (1) Preserve the series' activities and property as a going concern for a reasonable time;
- (2) Prosecute, defend, or settle actions or proceedings whether civil, criminal, or administrative;
- (3) Make an assignment of the series' property;
- (4) Resolve disputes by mediation or arbitration.
(C) A series' dissolution, in itself:
- (1) Is not an assignment of the series' property;
- (2) Does not prevent the commencement of a proceeding by or against the series in the series' name;
- (3) Does not abate or suspend a proceeding pending by or against the series on the effective date of dissolution;
- (4) Does not abate, suspend, or otherwise alter the application of section 1706.7613 of the Revised Code.