The Nevada Supreme Court recently delivered an opinion on Series LLCs. These entities are relatively new and not much caselaw on them currently exists so it’s good to get some more guidance about how to deal with them.
The case, Federal Housing Finance Agency v. Saticoy Bay LLC, reached the Nevada Supreme Court on a certified question from the Ninth Circuit about how to obtain jurisdiction over series LLC entities. In short, the question the Ninth Circuit wanted answered was whether a court obtained jurisdiction over series entities by naming the master LLC itself or whether the individual series must be sued in its own name to establish jurisdiction over it? Nevada’s Supreme Court answered that naming the individual series LLC at issue was not an “optional” matter. To establish jurisdiction over a series entity, the entity itself must be sued. It found that the “plain language of NRS 86.296(2) does not allow a party to sue a master LLC in lieu of a series LLC at the party’s discretion.”