§414D-247  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)  [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 general
circulation 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 a
claim and provide a mailing address where the claim may be sent; and



(3)  State that a claim against the corporation will
be barred unless a proceeding to enforce the claim is commenced within five
years 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 general
circulation 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 last
located;



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



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



(c)  If the dissolved corporation publishes a
newspaper notice in accordance with subsection (b), 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 414D‑246;



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



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



(d)  A claim may be enforced under this
section:



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



(2)  If the assets have been distributed in
liquidation against any person other than a creditor of the corporation, to
whom the corporation distributed the lesser of its property to the extent of
the distributee's pro rata share of the claim or the corporate assets
distributed to the person in liquidation; provided the distributee's total
liability for all claims under this section may not exceed the total amount of
assets distributed to the distributee. [L 2001, c 105, pt of §1; am L 2009, c
55, §21]