29-612. Interrogatories by the commission; information disclosed by interrogatories

(Rpld. 9/1/20)

A. The commission may propound to any domestic or foreign limited liability company subject to this chapter and to any member or manager of the limited liability company interrogatories as may be reasonably necessary and proper to enable it to ascertain whether the limited liability company complied with all of the provisions of this chapter applicable to the limited liability company. The interrogatories shall be answered within thirty days after the mailing of the interrogatories or within an additional time fixed by the commission, and the answers to the interrogatories shall be full and complete and shall be made in writing and under oath. If the interrogatories are directed to an individual they shall be answered by the individual, and if directed to a limited liability company they shall be answered by a member, if management of the limited liability company is reserved to the members, or a manager, if management is vested in a manager or managers. The commission need not file any document to which the interrogatories relate until the interrogatories have been answered as provided in this section, and not then if the answers to the interrogatories disclose that the document is not in conformity with the provisions of this chapter. The commission shall certify to the attorney general, for such action as the attorney general deems appropriate, all interrogatories and answers to the interrogatories that disclose a violation of any of the provisions of this chapter.

B. Interrogatories propounded by the commission and the answers to the interrogatories shall not be open to public inspection and the commission shall not disclose any facts or information obtained from the interrogatories and answers except if its official duty requires the facts or information to be made public or if the interrogatories or the answers are required for evidence in any criminal proceeding or in any other action by this state.