Unknown claims against dissolved corporation




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10140710-1407.  Unknown claims against dissolved corporation

A.  A dissolved corporation may also publish notice of its dissolution and request that persons with claims against the corporation present them in accordance with the notice.

B.  The notice shall:

1.  Be published one time in a newspaper of general circulation in the county where the dissolved corporation's known place of business is or was last located.

2.  Describe the information that must be included in a claim and provide a mailing address where the claim may be sent.

3.  State that a claim against the corporation will be barred unless a proceeding to enforce the claim is commenced within five years after the publication of the notice.

C.  If the dissolved corporation publishes a newspaper notice in accordance with subsection B of this section, the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within five years after the publication date of the newspaper notice:

1.  A claimant who did not receive written notice under section 10 1406.

2.  A claimant whose claim was timely sent to the dissolved corporation but not acted on.

3.  A claimant whose claim is contingent or based on an event occurring after the effective date of the dissolution.

D.  A claim, including a contingent claim or a claim based on an event occurring after the effective date of dissolution, may be enforced under this section either:

1.  Against the dissolved corporation to the extent of its undistributed assets.



2.  If the assets have been distributed in liquidation, against a shareholder of the dissolved corporation to the extent of his pro rata share of the claim or the corporate assets distributed to him in liquidation, whichever is less, but a shareholder's total liability for all claims under this subsection shall not exceed the total amount of assets distributed to him. 101407



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