§414D-247  Unknown claims against dissolvedcorporation.  (a)  A dissolved corporation may also publish notice of itsdissolution and request that persons with claims against the corporationpresent them in accordance with the notice.

(b)  [Subsection effective until June 30,2010.  For subsection effective July 1, 2010, see below.]  The notice must:

(1)  Be published one time in a newspaper of generalcirculation in the county where the dissolved corporation's principal office(or, if none in this State, its registered office) is or was last located;

(2)  List the information that must be included in aclaim and provide a mailing address where the claim may be sent; and

(3)  State that a claim against the corporation willbe barred unless a proceeding to enforce the claim is commenced within fiveyears after publication of the notice.

(b)  [Subsection effective July 1, 2010. For subsection effective until June 30, 2010, see above.]  The notice must:

(1)  Be published one time in a newspaper of generalcirculation in the county where the dissolved corporation's principal office(or, if none in this State, in the city and county of Honolulu) is or was lastlocated;

(2)  List the information that must be included in aclaim and provide a mailing address where the claim may be sent; and

(3)  State that a claim against the corporation willbe barred unless a proceeding to enforce the claim is commenced within fiveyears after publication of the notice.

(c)  If the dissolved corporation publishes anewspaper notice in accordance with subsection (b), the claim of each of thefollowing claimants is barred unless the claimant commences a proceeding toenforce the claim against the dissolved corporation within five years after thepublication date of the newspaper notice:

(1)  A claimant who did not receive written noticeunder section 414D‑246;

(2)  A claimant whose claim was timely sent to thedissolved corporation but not acted on; and

(3)  A claimant whose claim is contingent or based onan event occurring after the effective date of dissolution.

(d)  A claim may be enforced under thissection:

(1)  Against the dissolved corporation, to the extentof its undistributed assets; or

(2)  If the assets have been distributed inliquidation against any person other than a creditor of the corporation, towhom the corporation distributed the lesser of its property to the extent ofthe distributee's pro rata share of the claim or the corporate assetsdistributed to the person in liquidation; provided the distributee's totalliability for all claims under this section may not exceed the total amount ofassets distributed to the distributee. [L 2001, c 105, pt of §1; am L 2009, c55, §21]