§428-807 - Known claims against dissolved limited liability company.
§428-807 Known claims against dissolved
limited liability company. (a) A dissolved limited liability company may
dispose of the known claims against it by following the procedure described in
this section.
(b) A dissolved limited liability company shall
notify its known claimants in writing of the intent to terminate. The notice
shall:
(1) Specify the information required to be included
in a claim;
(2) Provide a mailing address where the claim is to
be sent;
(3) State the deadline for receipt of the claim,
which may not be less than one hundred twenty days after the date the written
notice is received by the claimant; and
(4) State that the claim will be barred if not
received by the deadline.
(c) A claim against a dissolved limited
liability company is barred if the requirements of subsection (b) are met, and:
(1) The claim is not received by the specified
deadline; or
(2) In the case of a claim that is timely received
but rejected by the dissolved company, the claimant does not commence a proceeding
to enforce the claim within ninety days after the receipt of the notice of the
rejection.
(d) For purposes of this section,
"claim" does not include a contingent liability or a claim based on
an event occurring after the effective date of dissolution. [L 1996, c
92, pt of §1; am L 2000, c 219, §75]