§55A‑14‑08. Unknown and certain other claims against dissolvedcorporation.
(a) A dissolvedcorporation may also publish notice of its dissolution and request that personswith claims against the corporation present them in accordance with the notice.
(b) The notice shall:
(1) Be published onetime in a newspaper of general circulation in the county where the dissolvedcorporation's principal office (or, if there is none in this State, itsregistered office) is or was last located;
(2) Describe the informationthat shall be included in a claim and provide a mailing address where the claimmay be sent; and
(3) State that a claimagainst the corporation will be barred unless a proceeding to enforce the claimis commenced within five years after the publication of the notice.
(c) If the dissolvedcorporation publishes a newspaper notice in accordance with subsection (b) ofthis section, the claim of each of the following claimants is barred unless theclaimant commences a proceeding to enforce the claim against the dissolvedcorporation within five years after the publication date of the newspapernotice:
(1) A claimant who didnot receive written notice under G.S. 55A‑14‑07;
(2) A claimant whoseclaim was timely sent to the dissolved corporation but not acted on;
(3) A claimant whoseclaim is contingent or based on an event occurring after the effective date ofdissolution.
(d) Nothing in thissection shall bar:
(1) Any claim allegingthe liability of the corporation; or
(2) Any proceeding oraction to establish the liability of the corporation; or
(3) The recovery on anyjudgment against the corporation
to the extent that thecorporation is protected by insurance coverage with respect to such claim,proceeding, or judgment. (1955, c. 1230; 1973, c. 314, s. 5; 1985 (Reg. Sess.,1986), c. 801, s. 41; 1993, c. 398, s. 1.)
§55A‑14‑08. Unknown and certain other claims against dissolvedcorporation.
(a) A dissolvedcorporation may also publish notice of its dissolution and request that personswith claims against the corporation present them in accordance with the notice.
(b) The notice shall:
(1) Be published onetime in a newspaper of general circulation in the county where the dissolvedcorporation's principal office (or, if there is none in this State, itsregistered office) is or was last located;
(2) Describe the informationthat shall be included in a claim and provide a mailing address where the claimmay be sent; and
(3) State that a claimagainst the corporation will be barred unless a proceeding to enforce the claimis commenced within five years after the publication of the notice.
(c) If the dissolvedcorporation publishes a newspaper notice in accordance with subsection (b) ofthis section, the claim of each of the following claimants is barred unless theclaimant commences a proceeding to enforce the claim against the dissolvedcorporation within five years after the publication date of the newspapernotice:
(1) A claimant who didnot receive written notice under G.S. 55A‑14‑07;
(2) A claimant whoseclaim was timely sent to the dissolved corporation but not acted on;
(3) A claimant whoseclaim is contingent or based on an event occurring after the effective date ofdissolution.
(d) Nothing in thissection shall bar:
(1) Any claim allegingthe liability of the corporation; or
(2) Any proceeding oraction to establish the liability of the corporation; or
(3) The recovery on anyjudgment against the corporation
to the extent that thecorporation is protected by insurance coverage with respect to such claim,proceeding, or judgment. (1955, c. 1230; 1973, c. 314, s. 5; 1985 (Reg. Sess.,1986), c. 801, s. 41; 1993, c. 398, s. 1.)
§55A‑14‑08. Unknown and certain other claims against dissolvedcorporation.
(a) A dissolvedcorporation may also publish notice of its dissolution and request that personswith claims against the corporation present them in accordance with the notice.
(b) The notice shall:
(1) Be published onetime in a newspaper of general circulation in the county where the dissolvedcorporation's principal office (or, if there is none in this State, itsregistered office) is or was last located;
(2) Describe the informationthat shall be included in a claim and provide a mailing address where the claimmay be sent; and
(3) State that a claimagainst the corporation will be barred unless a proceeding to enforce the claimis commenced within five years after the publication of the notice.
(c) If the dissolvedcorporation publishes a newspaper notice in accordance with subsection (b) ofthis section, the claim of each of the following claimants is barred unless theclaimant commences a proceeding to enforce the claim against the dissolvedcorporation within five years after the publication date of the newspapernotice:
(1) A claimant who didnot receive written notice under G.S. 55A‑14‑07;
(2) A claimant whoseclaim was timely sent to the dissolved corporation but not acted on;
(3) A claimant whoseclaim is contingent or based on an event occurring after the effective date ofdissolution.
(d) Nothing in thissection shall bar:
(1) Any claim allegingthe liability of the corporation; or
(2) Any proceeding oraction to establish the liability of the corporation; or
(3) The recovery on anyjudgment against the corporation
to the extent that thecorporation is protected by insurance coverage with respect to such claim,proceeding, or judgment. (1955, c. 1230; 1973, c. 314, s. 5; 1985 (Reg. Sess.,1986), c. 801, s. 41; 1993, c. 398, s. 1.)
