Sec. 34-108. Interrogatories by Secretary of the State.
Sec. 34-108. Interrogatories by Secretary of the State. (a) The Secretary of the
State may propound to any limited liability company, domestic or foreign, subject to
the provisions of sections 34-100 to 34-242, inclusive, and to any manager thereof if
the management of the limited liability company is vested in a manager or managers,
and to any member thereof if the management of the limited liability company is not
vested in a manager or managers, such interrogatories as may be reasonably necessary
and proper to enable said secretary to ascertain whether such limited liability company
has complied with the provisions of sections 34-100 to 34-242, inclusive, applicable to
such limited liability company. Such interrogatories shall be answered within thirty days
after the mailing thereof or within such additional time as shall be fixed by said secretary,
and the answers thereto shall be full and complete and shall be made in writing and
under oath. If such interrogatories are directed to a specific person they shall be answered
by that person, and, if directed to a limited liability company, they shall be answered
by a manager thereof if the management of the limited liability company is vested in a
manager or managers or by any member thereof if the management of the limited liability
company is not vested in a manager or managers.
(b) Each limited liability company, domestic or foreign, and each member and manager of a limited liability company, domestic or foreign, failing or refusing within the
time prescribed by this section to answer truthfully and fully interrogatories duly propounded to such limited liability company or such member or manager by the Secretary
of the State, as provided in subsection (a) of this section, shall be fined not more than
five hundred dollars.
(c) Interrogatories propounded by the Secretary of the State and the answers thereto
shall not be open to public inspection, nor shall said secretary disclose any facts or
information obtained therefrom except insofar as the official duties of said secretary
may require the same to be made public, or if such interrogatories or the answers thereto
are required for evidence in any criminal proceedings or in any other action by this state.
(P.A. 93-267, S. 7.)