§414-387  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)  Describe 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 the 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 is
or was located (or, if none in this State, in the city and county of Honolulu);



(2)  Describe 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 the 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 414-386;



(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 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 a shareholder of the dissolved corporation to the extent
of the shareholder's pro rata share of the shareholder claim or the corporate
assets distributed to the shareholder in liquidation, whichever is less, but a
shareholder's total liability for all claims under this section may not exceed
the total amount of assets distributed to such shareholder. [L 2000, c 244, pt
of §1; am L 2009, c 55, §9]