§425E-806 - Known claims against dissolved limited partnership.
[§425E-806] Known claims against
dissolved limited partnership. (a) A dissolved limited
partnership may dispose of the known claims against it by following the
procedure described in subsection (b).
(b) A dissolved limited partnership may notify
its known claimants of the dissolution in a record. The notice shall:
(1) Specify the information required to be included
in a claim;
(2) Provide a mailing address to which the claim is
to be sent;
(3) State the deadline for receipt of the claim, that
may not be less than one hundred twenty days after the date the notice is
received by the claimant;
(4) State that the claim will be barred if not
received by the deadline; and
(5) Unless the limited partnership has been
throughout its existence a limited liability limited partnership, state that
the barring of a claim against the limited partnership will also bar any
corresponding claim against any general partner or person dissociated as a
general partner that is based on section 425E-404.
(c) A claim against a dissolved limited
partnership shall be 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 limited partnership, the claimant does not
commence an action to enforce the claim against the limited partnership within
ninety days after the receipt of the notice of the rejection.
(d) This section shall not apply to a claim
based on an event occurring after the effective date of dissolution or a
liability that is contingent on that date. [L 2003, c 210, pt of §1]