Offer of Payment

  1. Law
  2. Georgia Code
  3. Corporations, Partnerships, and Associations
  4. Limited Liability Companies
  5. Dissenters' Rights
  6. Offer of Payment

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  1. Except as provided in Code Section 14-11-1010, within ten days of the later of the date the proposed limited liability company action is taken or receipt of a payment demand, the limited liability company shall offer to pay each dissenter who complied with Code Section 14-11-1006 the amount the limited liability company estimates to be the fair value of his or her membership interest, plus accrued interest.
  2. The offer of payment must be accompanied by:
    1. The limited liability company's balance sheet as of the end of a fiscal year ending not more than 16 months before the date of payment, an income statement for that year, a statement of changes in members' equity for that year, and the latest available interim financial statements, if any;
    2. A statement of the limited liability company's estimate of the fair value of the membership interest;
    3. An explanation of how the interest was calculated;
    4. A statement of the dissenter's right to demand payment under Code Section 14-11-1010; and
    5. A copy of this article.
  3. If the member accepts the limited liability company's offer by written notice to the limited liability company within 30 days after the limited liability company's offer, payment for his or her membership interest shall be made within 60 days after the making of the offer or the taking of the proposed limited liability company action, whichever is later.

(Code 1981, §14-11-1008, enacted by Ga. L. 1993, p. 123, § 1.)


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