FFF Sovereign Immunity Series – Part VII

Today we return with our seventh installment in the FFF Sovereign Immunity Series, in which we break down sovereign immunity in New Mexico, New York, North Carolina, North Dakota and Ohio.

For anyone wishing to refresh on what sovereign immunity is, and why we are so concerned about it in fund finance, please refer to the first installment in the series, which provides a helpful overview. All installments to date are copied below, for ease of reference.

• Part I (AL, AK, AR, AZ and CA)
• Part II (CO, CT, DE, FL and GA)
• Part III (HI, ID, IL, IN and IA)
• Part IV (KS, KY, LA, ME and MD)
• Part V (MA, MI, MN, MS and MO)
• Part VI (MT, NE, NV, NH and NJ)

As detailed in previous installments, sovereign immunity is a complex legal issue, and it is important to seek guidance from counsel when considering its implications. The analysis below is a high-level overview only, and it is prudent for lenders and funds to examine each individual state's statute on a